ORS 31.810
Enforcement of right of contribution

  • commencement of separate action
  • barring right of contribution
  • effect of satisfaction of judgment

(1)

Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action.

(2)

Where a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action.

(3)

If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by the tortfeasor to enforce contribution must be commenced within two years after the judgment has become final by lapse of time for appeal or after appellate review.

(4)

If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, the right of contribution of that tortfeasor is barred unless the tortfeasor has either:

(a)

Discharged by payment the common liability within the statute of limitations period applicable to claimant’s right of action against the tortfeasor and has commenced action for contribution within two years after payment; or

(b)

Agreed while action is pending against the tortfeasor to discharge the common liability and has within two years after the agreement paid the liability and commenced action for contribution.

(5)

The running of the statute of limitations applicable to a claimant’s right of recovery against a tortfeasor shall not operate to bar recovery of contribution against the tortfeasor or the claimant’s right of recovery against a tortfeasor specified in ORS 31.600 (Contributory negligence not bar to recovery) (2) who has been made a party by another tortfeasor.

(6)

The recovery of a judgment for an injury or wrongful death against one tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.

(7)

The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution. [Formerly 18.450]

Source: Section 31.810 — Enforcement of right of contribution; commencement of separate action; barring right of contribution; effect of satisfaction of judgment, https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html.

Notes of Decisions

Action for contribution before discharge of common liability is premature. Southern Pacific Trans. Co. v. City of Portland, 75 Or App 149, 706 P2d 1000 (1985), Sup Ct review denied

Where insurance company sought contribution under this section based on allegation that Oregon Health Sciences University and state were responsible for obligation insurance company discharged, but only partially, as subrogee of resident doctor and hospital at which malpractice allegedly occurred, insurance company’s allegations do not establish right to contribution as matter of law. Aetna Casualty & Surety Co. v. OHSU, 310 Or 61, 793 P2d 320 (1990)

31.150
Special motion to strike
31.152
Time for filing special motion to strike
31.155
Exempt actions
31.180
Certain felonious conduct of plaintiff complete defense in tort actions
31.200
Liability of radio or television station personnel for defamation
31.205
Damages recoverable for defamation by radio, television, motion pictures, newspaper or printed periodical
31.210
When general damages allowed
31.215
Publication of correction or retraction upon demand
31.220
Effect of publication of correction or retraction prior to demand
31.225
Publisher’s defenses and privileges not affected
31.230
Wrongful use of civil proceeding
31.250
Mandatory dispute resolution for certain actions against health practitioners and health care facilities
31.260
Definitions for ORS 31.260 to 31.278
31.262
Notice of adverse health care incident
31.264
Discussion of adverse health care incident
31.266
Discussion communications
31.268
Mediation
31.270
Payment and resolution
31.272
Statute of limitations
31.274
Patient representatives
31.276
Duties of Oregon Patient Safety Commission
31.278
Use of information relating to notice of adverse health care incident
31.280
Task Force on Resolution of Adverse Health Care Incidents
31.300
Pleading requirements for actions against design professionals
31.350
Pleading requirements for actions against real estate licensees
31.360
Proof required for claim of economic damages in action arising from injury caused by dog
31.370
Presumption of absence of negligence if defendant conducts criminal records check through Department of State Police
31.550
“Advance payment” defined
31.555
Effect of advance payment
31.560
Advance payment for death or personal injury not admission of liability
31.565
Advance payment for property damage not admission of liability
31.580
Effect of collateral benefits
31.600
Contributory negligence not bar to recovery
31.605
Special questions to trier of fact
31.610
Liability of defendants several only
31.615
Setoff of damages not allowed
31.620
Doctrines of last clear chance and implied assumption of risk abolished
31.700
Right to include medical expenses paid by parent or conservator in action to recover for damages to child
31.705
Economic and noneconomic damages separately set forth in verdict
31.710
Limitation on award for noneconomic damages in claim for wrongful death
31.715
Limitation on recovery of noneconomic damages arising out of operation of motor vehicle
31.725
Pleading punitive damages
31.730
Standards for award of punitive damages
31.735
Distribution of punitive damages
31.740
When award of punitive damages against health practitioner prohibited
31.760
Evidence of nonuse of safety belt or harness to mitigate damages
31.770
Inadmissibility of calculation of future earning potential based on race or ethnicity
31.800
Right of contribution among joint tortfeasors
31.805
Basis for proportional shares of tortfeasors
31.810
Enforcement of right of contribution
31.815
Covenant not to sue
31.820
Severability
31.825
Assignment of cause of action against insurer
31.980
Action for alienation of affections abolished
31.982
Action for criminal conversation abolished
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