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KOTTLER v. STATE

Nos. 65256-2, 65515-4.

963 P.2d 834 (1998)

136 Wash.2d 437

Herbert R. KOTTLER, a resident of Clallam County; and Olympic Rentals, Inc., a corporation, Appellants, v. STATE of Washington, Respondent. Daniel R. WETHERINGTON, d/b/a American Stage Lines, and Donna Cox, a single woman, Appellants, v. WEYERHAEUSER COMPANY, a Washington corporation; The State of Washington and The Department of Natural Resources, a Division of the State of Washington; The Washington State Society of The Society of American Foresters, an unincorporated fraternal association; and the Society of American Foresters, a foreign corporation, Respondents.

Supreme Court of Washington, En Banc.

Decided September 24, 1998.

Attorney(s) appearing for the Case

Reed, McClure, William Hickman, Lisa Kirk, Seattle, Gierke, Curwen, Metzler & Erie, Leigh D. Erie, Gregory Curwen, Tacoma, Thomas Merrill, Milton, for Appellants.

Christine Gregoire, Attorney General, Rene Tomisser, Michael Lynch, Glen Anderson, Assistant Attorney Generals, Olympia, Brown, Lewis, Janhunen & Spencer, Douglas Lewis, Montesano, Hillis, Clark, Martin & Peterson, Mark Clark, Lynne M. Cohee, Lane, Powell, Spears & Lubersky, Charles Huber, Seattle, for Respondents.

SANDERS, Justice.

We are asked whether a settling party in a civil tort action is entitled to contribution from another alleged tortfeasor based upon a pretrial settlement with a fault-free injured party. We hold such settling party may not seek contribution unless joint and several liability arises under one of the exceptions listed in RCW 4.22.070 and conclude joint and several liability will not arise under RCW 4.22.070...

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