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SLAUGHTER v. PENNSYLVANIA X-RAY CORP.

No. 80-1564.

638 F.2d 639 (1981)

Jerry N. SLAUGHTER, A Minor By and Through His Father and Next Friend James Slaughter v. PENNSYLVANIA X-RAY CORPORATION and John J. Geiger v. DELCO GENERAL TRUCK SALES CO., INC.; International Harvester Co.; Suburban Truck Sales, Inc.; Fort Recovery Industries; Grief Bros. Corporation; Ryder Truck Rental Systems, Inc.; Duralite Body Company, Inc. Appeal of DELCO GENERAL TRUCK SALES CO., INC.

United States Court of Appeals, Third Circuit.

Decided January 15, 1981.

Attorney(s) appearing for the Case

Theodore H. Lunine (argued) Philadelphia, Pa.; William T. Campbell, Jr., Swartz, Campbell & Detweiler, Philadelphia, Pa., for appellant Delco General Truck Sales Co., Inc.

Joseph F. Moore, Jr. (argued), J. Kurt Straub, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellee International Harvester Co.

George Sheehan, Jr. (argued), Donald J. P. Sweeney, McWilliams & Sweeney, Philadelphia, Pa., for appellee Pennsylvania X-Ray Corp.

Alfred Sarowitz, Philadelphia, Pa., for appellee John J. Geiger.

H. M. Girsh, Steinberg & Girsh, Philadelphia, Pa., for appellee Ryder Truck Rental Systems, Inc.

Arthur G. Raynes, Raynes, McCarty & Binder, Philadelphia, Pa., for Jerry N. Slaughter, etc., et al.

Before HUNTER and WEIS, Circuit Judges and FISHER, District Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

Because it had insufficient insurance coverage to pay the plaintiff a reasonable settlement, the target defendant in this diversity personal injury suit "borrowed" money from one of several alleged joint tortfeasors. Repayment was conditioned upon the defendant's recovery of contribution from other tortfeasors. Rejecting a contention that the "loan" was in fact a settlement payment, the district court allowed recoupment...

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