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LOMBARD CANADA, LTD. v. JOHNSON

No. 31686.

618 S.E.2d 446 (2005)

217 W.Va. 437

LOMBARD CANADA, LIMITED, as Subrogee of B & D Lalonde Trucking and Hauling, Incorporated, a Foreign Corporation, Plaintiff-Appellee, v. Mark E. JOHNSON, DBA C & L Escort Services, Defendant-Appellant, and Wakley Escort Service, Incorporated, Shuman Flag Car Services; and Mary Fiorello, Defendants.

Supreme Court of Appeals of West Virginia.

Filed: May 11, 2005.

Attorney(s) appearing for the Case

Ronald S. Rossi, Martin & Seibert, LC, Martinsburg, for the Plaintiff-Appellee.

Michael D. Lorenson, Corey Palumbo, Bowles Rice McDavid Graff & Love, LLP, Martinsburg, for the Defendant-Appellant, Mark E. Johnson.

Shawn P. George, George & Lorensen, PLLC, Charleston, for Amicus Curiae, Charleston Area Medical Center, Inc.

Amy M. Smith, Steptoe & Johnson, P.L.L.C., Clarksburg, for the Amicus Curiae, Parke-Davis and Pfizer, Inc.

The Opinion of the Court was delivered PER CURIAM.

PER CURIAM.

This case is before us on a certified question from the United States Court of Appeals for the Fourth Circuit and presents the issue of whether a strictly liable tortfeasor who settled with the injured party, the State of West Virginia, before any cause of action was filed by the injured party may thereafter initiate suit to seek contribution from another tortfeasor whose negligence contributed...

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