Torts Keyed to Prosser
Knell v. Feltman
This case involves a car accident. The Plaintiffs, Evelyn Langland (Mrs. Langland) and her husband (Plaintiffs), were guest passengers in a car driven by Kenneth Knell. The car they were riding in collided with a taxicab owned by the Defendant, Ralph Feltman (Feltman) and operated by his employee. Mrs. Langland was seriously injured in the accident. The Plaintiffs sued the Defendant to recover damages. The Defendant filed a third-party complaint against Knell, claiming the accident was caused by his sole or contributing negligence. The jury found both the Defendant and Knell negligent. The court awarded judgment in favor of Plaintiffs against the Defendant for $11,500, and upon payment, judgment in favor of Defendant against Knell for $5,750. Knell appeals, claiming that the right of contribution exists only between tortfeasors liable in common to the plaintiff and his liability to the Plaintiffs was not established by the judgment because the Plaintiffs did not include him in the suit.
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