Republic Silver State Disposal, Inc. v. Cash

The Supreme Court held that when a tortfeasor settles with the plaintiff, the tortfeasor may then assert a claim for contribution against a doctor who allegedly caused new injuries in treating the original injury.

Marie Gonzales was injured in an accident involving a truck driven by an employee of Republic Silver State Disposal. Dr. Andrew Cash treated Gonzales's original injury and allegedly caused further injuries. Gonzales sued Republic and its employee, and the parties settled. The settlement agreement expressly discharged Gonzales's claim against her medical providers and reserved Republic's rights under the Uniform Contribution Among Tortfeasors Act, Nev. Rev. Stat. 17.225-.305. Republic then sued Cash for contribution. The district court granted summary judgment for Cash, concluding that contribution was not available between successive tortfeasors. The Supreme Court reversed, holding (1) the right of contribution exists when the two parties are jointly or severally liable for the same injury, and whether the parties are joint or successive tortfeasors is immaterial; and (2) because Republic and Cash were jointly or severally liable for the injuries Cash allegedly caused and Republic settled those claims, Republic may pursue an action for contribution against Cash.