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CHARLESTON AREA MED. CENTER v. PARKE-DAVIS

No. 31685.

614 S.E.2d 15 (2005)

217 W.Va. 15

CHARLESTON AREA MEDICAL CENTER, INCORPORATED, Plaintiff-Appellee and St. Paul Fire & Marine Insurance Company, Intervenor-Plaintiff v. PARKE-DAVIS, a Division of Warner Lambert; Pfizer, Incorporated, Its Successor by Merger, Defendants-Appellants v. Danny A. Rader, M.D.; Terri Miles, R.N.; John/Jane Doe, M.D.; Jane Doe, R.N.; John/Jane Doe, Pharmacist; John/Jane Doe, Pharmacy Technician; John Doe, Agency/Corporation, Third Party Defendants.

Supreme Court of Appeals of West Virginia.

Decided May 11, 2005.

Attorney(s) appearing for the Case

Shawn P. George, George & Lorensen, P.L.L.C., Charleston, for the Plaintiff-Appellee, Charleston Area Medical Center, Incorporated.

Amy M. Smith, Diana Everett, Steptoe & Johnson, P.L.L.C., Clarksburg, for the Defendant-Appellant, Parke-Davis and Pfizer.

ALBRIGHT, Chief Justice.

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 joint tortfeasor, who settles with an injured party solely on behalf of itself before any lawsuit has been filed, may thereafter seek contribution from another tortfeasor who was unaware of both the ongoing settlement negotiations and ultimately the consummation of a settlement agreement. Upon our...

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