NRS
17.225 Right to contribution.
1. Except as otherwise provided in this
section and NRS 17.235 to 17.305, inclusive, where two or more
persons become jointly or severally liable in tort for the same injury to
person or property or for the same wrongful death, there is a right of contribution
among them even though judgment has not been recovered against all or any of
them.
2. The right of contribution exists only
in favor of a tortfeasor who has paid more than his or her equitable share of
the common liability, and the tortfeasor’s total recovery is limited to the
amount paid by the tortfeasor in excess of his or her equitable share. No
tortfeasor is compelled to make contribution beyond his or her own equitable
share of the entire liability.
3. A tortfeasor who enters into a
settlement with a claimant is not entitled to recover contribution from another
tortfeasor whose liability for the injury or wrongful death is not extinguished
by the settlement nor in respect to any amount paid in a settlement which is in
excess of what was reasonable.
(Added to NRS by 1973,
1303; A 1979,
1355)
Notes of Decisions
The Doctors Co. v. Vincent, 98 P.3d 681 (Nev. 2004).
· cites it 10× “The good-faith ruling in connection with TDC’s claim of contribution under NRS 17.225 TDC argues that the district court’s erroneous good-faith ruling improperly voided its perfected contribution rights.”
Evans v. Dean Witter Reynolds, Inc., 5 P.3d 1043 (Nev. 2000).
· cites it 8× “The offsets were ordered notwithstanding the Estate’s argument that offsets in any amount were barred under NRS 17.225 et seq., and affidavit evidence presented by the Estate that: (1) the settlement offsets that could be legally applied in connection with the Jack Gardner…”
Ins. Co. of the West v. Gibson Tile Co., 134 P.3d 698 (Nev. 2006).
· cites it 4× “During the course of the litigation below, Gibson concluded a separate settlement with its suppliers, to which ICW was not a party, and which was approved by the district court as having been reached in good faith ostensibly under NRS 17.225 et seq. The good-faith order did not…”
Repub. Silver State Disposal, Inc. Vs. Cash, 2020 NV 88 (Nev. 2020).
· cites it 12× “" NRS 17.225(1). Contribution permits "a tortfeasor who has paid more than his or her equitable share of the common liability" to recover the excess from a second tortfeasor, up to the amount of the second tortfeasor's "equitable share of the entire liability.”
Pack v. Latourette, 277 P.3d 1246 (Nev. 2012).
· cites it 2× “” NRS 17.225(1). LaTourette, however, relies upon NRS 17.”
Ges, Inc. v. Corbitt, 21 P.3d 11 (Nev. 2001).
“4 See NRS 17.225 et seq. 5 NRAP 3A(b); Taylor Constr.”
Clark Cnty. Sch. Dist. v. Richardson Constr., Inc., 168 P.3d 87 (Nev. 2007).
“” We conclude that the instruction on, and the award for, contribution was improper in this case because the subcontractor’s claims against Richarson were solely based on contract, and contribution is a method of apportioning damages among joint tortfeasors.”
Motor Coach Indus., Inc. Vs. Khiabani, 2021 NV 42 (Nev. 2021).
· cites it 2× “Further, we held, contribution and offset are distinct concepts, and eligibility for an offset should not be determined by whether the settling and nonsettling defendants were joint tortfeasors under NRS 17.225, which governs the right of contribution.”
Medallion Dev., Inc. v. Converse Consultants, 930 P.2d 115 (Nev. 1997).
· cites it 2× “This statute was enacted in 1973 as part of the Uniform Contribution Among Tortfeasors Act, NRS 17.225 et seq., which recognizes the right of joint tortfeasors to seek an equitable distribution of liability among them.”
— Nev. Rev. Stat. § 17.225(1) — 7 cases
Evans v. Dean Witter Reynolds, Inc., 5 P.3d 1043 (Nev. 2000).
“The offsets were ordered notwithstanding the Estate’s argument that offsets in any amount were barred under NRS 17.225 et seq., and affidavit evidence presented by the Estate that: (1) the settlement offsets that could be legally applied in connection with the Jack Gardner…”
Repub. Silver State Disposal, Inc. Vs. Cash, 2020 NV 88 (Nev. 2020).
“" NRS 17.225(1). Contribution permits "a tortfeasor who has paid more than his or her equitable share of the common liability" to recover the excess from a second tortfeasor, up to the amount of the second tortfeasor's "equitable share of the entire liability.”
Pack v. Latourette, 277 P.3d 1246 (Nev. 2012).
“” NRS 17.225(1). LaTourette, however, relies upon NRS 17.”
— Nev. Rev. Stat. § 17.225(2) — 7 cases
The Doctors Co. v. Vincent, 98 P.3d 681 (Nev. 2004).
“The good-faith ruling in connection with TDC’s claim of contribution under NRS 17.225 TDC argues that the district court’s erroneous good-faith ruling improperly voided its perfected contribution rights.”
Pack v. Latourette, 277 P.3d 1246 (Nev. 2012).
“” NRS 17.225(1). LaTourette, however, relies upon NRS 17.”
Repub. Silver State Disposal, Inc. Vs. Cash, 2020 NV 88 (Nev. 2020).
“" NRS 17.225(1). Contribution permits "a tortfeasor who has paid more than his or her equitable share of the common liability" to recover the excess from a second tortfeasor, up to the amount of the second tortfeasor's "equitable share of the entire liability.”
— Nev. Rev. Stat. § 17.225(3) — 4 cases
The Doctors Co. v. Vincent, 98 P.3d 681 (Nev. 2004).
“The good-faith ruling in connection with TDC’s claim of contribution under NRS 17.225 TDC argues that the district court’s erroneous good-faith ruling improperly voided its perfected contribution rights.”
Repub. Silver State Disposal, Inc. Vs. Cash, 2020 NV 88 (Nev. 2020).
“" NRS 17.225(1). Contribution permits "a tortfeasor who has paid more than his or her equitable share of the common liability" to recover the excess from a second tortfeasor, up to the amount of the second tortfeasor's "equitable share of the entire liability.”
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