Knell v. Feltman
United States Court of Appeals for the District of Columbia
174 F.2d 662 (D.C. Cir. 1949)
Evelyn Langland was riding in a car owned and driven by Kenneth Knell (defendant) when it collided with a cab owned by Ralph Feltman (plaintiff) and driven by Feltman's employee, injuring Langland. Langland sued only Feltman for negligence, and Feltman brought a third-party claim against Knell. The jury found both Feltman's employee and Knell negligent, awarding Langland $11,500 against Feltman and then awarding Feltman $5,750 in contribution against Knell. Knell appealed, arguing he shouldn't be liable for contribution because Langland never named him as a defendant in the original suit.
Whether a joint tortfeasor may escape liability for contribution because the original plaintiff did not name him as a defendant in the underlying suit.