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NIKOLOUS v. SUPERIOR COURT

No. CV-87-0095-PR.

157 Ariz. 256 (1988)

756 P.2d 925

Gordon L. NIKOLOUS and Helen Nikolous, husband and wife, and Tanner Southwest, Inc., an Arizona corporation, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, Honorable Marilyn Riddel, a Judge thereof, Respondent Judge, Clarence R. LUDEKE, a single man, and the City of Phoenix, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

June 21, 1988.

Attorney(s) appearing for the Case

Robbins & Green, P.A. by Robert H. Green, Robert L. Baumann, Phoenix, for petitioners.

Law Office of Dennis P. Levine by Dennis P. Levine, Phoenix, for real party in interest Clarence R. Ludeke.

Jones, Skelton & Hochuli by William R. Jones, Jr., Najia M. Kerrin, Phoenix, for real party in interest City of Phoenix.

Gallagher & Kennedy by W. Charles Thomson III, Thomas A. Maraz, Phoenix, for amicus curiae Phoenix Ass'n of Defense Counsel.

Molloy, Jones & Donahue, P.C. by Michael J. Meehan, Tucson, and Latham & Watkins (of counsel) by Ernest J. Getto, Linda M. Inscoe, Los Angeles, Cal., for amicus curiae Hughes Aircraft Co.

FELDMAN, Vice Chief Justice.

Defendants ask us to reverse the trial court's dismissal of their third-party complaint. The question before us is whether a tort defendant can implead a third party who eventually may become liable to the defendant for contribution under the Uniform Contribution Among Tortfeasors Act, A.R.S. § 12-2501 et seq. We granted review to resolve this issue of first impression. Rule 23, Ariz.R.Civ.App.P., 17B A.R.S.; Rule 8(b), Ariz...

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