Texas Supreme Court
Beech Aircraft Corporation, Petitioners v. Dr. Wiley J. Jinkins, Iii, Respondents
July 8, 198730 Tex. Sup. Ct. J. 553
Summary
The Texas Supreme Court affirmed the Court of Appeals, holding that a defendant who settles a plaintiff’s entire claim cannot preserve a right to contribution under the original contribution statute, the comparative negligence statute, or the common‑law contribution scheme. The Court reasoned that contribution requires a judgment against the party seeking contribution and that the settlement agreement does not create such a judgment, and that the statutes do not grant contribution rights to settling parties. The decision emphasizes that a settling defendant may only settle its proportionate share of liability. Justice Ray dissented, arguing that a settling joint tortfeasor should be permitted to seek contribution.