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Keywords

lawsuittortplaintiffdamagesliability

tortdamagesliabilitytrialcommon lawappellantappellee

Related Cases

Yellow Cab Co. of D.C. v. Dreslin, 181 F.2d 626, 19 A.L.R.2d 1001, 86 U.S.App.D.C. 327

Facts

A taxicab driven by an agent of the Yellow Cab Company collided with an automobile driven by John C. Dreslin. Mrs. Dreslin and others in the car were injured and sued the Cab Company for damages. Dreslin joined the lawsuit, claiming for loss of consortium and damages to his automobile. The Cab Company cross-claimed against Dreslin for damages to the taxicab and for contribution for any sums recovered by the other plaintiffs. The jury found that both parties were concurrently negligent, leading to judgments in favor of the plaintiffs except for Dreslin.

A taxicab of appellant (hereinafter called ‘Cab Co.’), driven by its agent, and an automobile, driven by appellee (hereafter called ‘Dreslin’), collided. Dreslin's wife and others in his car were injured. They sued the Cab Co. for damages. Dreslin joined with them, claiming for loss of consortium, medical expenses for Mrs. Dreslin and damages to his automobile.

Issue

The main legal issue is whether the Cab Company has a right to contribution from John C. Dreslin given that the judgment creditor is his wife.

The question here concerns contribution between tort-feasors where the judgment creditor is the wife of the tort-feasor against whom contribution is sought.

Rule

The right to contribution arises from a joint liability, and since neither husband nor wife is liable for tortious acts by one against the other, there can be no joint liability in this case.

Neither husband nor wife is liable for tortious acts by one against the other. That is the common law rule.

Analysis

The court applied the rule of joint liability to the facts by determining that since Dreslin was not liable in tort to his wife, there was no basis for a right of contribution from him to the Cab Company. The court emphasized that the principle of domestic immunity between spouses prevents one spouse from being liable to the other for tortious acts, which in turn negates any joint liability with the Cab Company.

The right of contribution arises out of a common liability. The rule ‘hinges on the doctrine that general principles of justice require that in the case of a common obligation, the discharge of it by one of the obligors without proportionate payment from the other, gives the latter an advantage to which he is not equitably entitled’.

Conclusion

The court affirmed the lower court's judgment, disallowing the Cab Company's claim for contribution against Dreslin.

The judgment is Affirmed.

Who won?

The prevailing party is Mrs. Dreslin, as the court ruled in her favor by disallowing the Cab Company's claim for contribution.

We agree with the conclusion of the trial court.

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