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Sitzes v. Anchor Motor Freight, Inc. | 289 S.E.2d 679 (1982)
If one tortfeasor injures the plaintiff, the question of damages is relatively straightforward. But what if the acts of two or more tortfeasors combine to injure the plaintiff? Can the plaintiff recover all damages from a single tortfeasor, even if that person isn’t one hundred percent at fault? If so, can that person then seek contribution from the other joint tortfeasors? We explore those questions in Sitzes versus Anchor Motor Freight, Incorporated.
Patricia Ann Roberson died in a traffic accident. Roberson was a passenger in a vehicle driven by her husband, James Roberson, at the time of the accident. The other vehicle was driven by an employee of Anchor Motor Freight.
Arnold Sitzes, whom we’ll refer to as the administrator, was the administrator of Patricia’s estate. He sued Anchor in federal district court for wrongful death. Anchor filed a third-party complaint for contribution against James. The jury found in favor of the administrator and awarded damages. The jury further apportioned fault between Anchor and James, finding that Anchor was seventy percent at fault and that James was thirty percent at fault.
The district court wasn’t sure how to apportion damages on Anchor’s contribution claim. Accordingly, it certified a question to the West Virginia Supreme Court.
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