(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 him to enforce contribution must be commenced within one year 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, his right of contribution is barred unless he has either:
(a) Discharged by payment the common liability within the statute of limitations period applicable to claimant's right of action against him and has commenced his action for contribution within one year after payment; or
(b) Agreed while action is pending against him to discharge the common liability and has within one year after the agreement paid the liability and commenced his action for contribution.
(5) 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.
(6) 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.
Source: L. 77: Entire article added, p. 809, § 1, effective July 1.
Notes of Decisions
Bohier v. Dehart, 943 P.2d 1220 (Colo. Ct. App. 1997).
· cites it 2× “See § 13-50.5-104, C.R.S. (1987 Repl.Vol. 6A); National Farmers Union Property & Casualty Co.”
Sender v. Mann, 423 F. Supp. 2d 1155 (D. Colo. 2006).
“The Leone defendants do not respond to this argument. Sender also argues that the Leone defendants assert these counter-claims under the underlying legal theory of contribution, but that under Colorado law contribution is not available.”
Nat'l Farmers Union Prop. & Cas. Co. v. Frackelton, 650 P.2d 571 (Colo. Ct. App. 1982).
· cites it 2× “), states that the judgment of liability of the several defendants must be entered before it is binding among such defendants in determining their right to contribution. Thus, to recover contribution against a person, that person must be found as a party jointly or severally…”
LB Rose Ranch v. Hansen Constr., 2019 COA 141.
· cites it 5× “Section 13-50.5-104(6), C.R.S. 2018, provides that “[t]he 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.”
Colo. Rev. Stat. § 13-50.5-104(1): 2 cases
Colo. Rev. Stat. § 13-50.5-104(2): 1 case
Colo. Rev. Stat. § 13-50.5-104(4): 1 case
Colo. Rev. Stat. § 13-50.5-104(4)(a): 1 case
Colo. Rev. Stat. § 13-50.5-104(6): 3 cases
Nat'l Farmers Union Prop. & Cas. Co. v. Frackelton, 650 P.2d 571 (Colo. Ct. App. 1982).
“), states that the judgment of liability of the several defendants must be entered before it is binding among such defendants in determining their right to contribution. Thus, to recover contribution against a person, that person must be found as a party jointly or severally…”
LB Rose Ranch v. Hansen Constr., 2019 COA 141.
“Section 13-50.5-104(6), C.R.S. 2018, provides that “[t]he 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.”
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