Ohio § 2307.25

§ 2307.25.

(A) Except as otherwise provided in sections 2307.25 to 2307.28 of the Revised Code , if one or more persons are jointly and severally liable in tort for the same injury

or loss to person or property or for the same wrongful death, there may be a right

of contribution even though judgment has not been recovered against all or any of

them.  The right of contribution exists only in favor of a tortfeasor who has paid more

than that tortfeasor's proportionate share of the common liability, and that tortfeasor's

total recovery is limited to the amount paid by that tortfeasor in excess of that

tortfeasor's proportionate share.  No tortfeasor may be compelled to make contribution beyond that tortfeasor's own

proportionate share of the common liability.  There is no right of contribution in favor of any tortfeasor against whom an intentional

tort claim has been alleged and established. (B) A tortfeasor who enters into a settlement with a claimant is not entitled to contribution

from another tortfeasor whose liability for the injury or loss to person or property

or the wrongful death is not extinguished by the settlement, or in respect to any

amount paid in a settlement that is in excess of what is reasonable. (C) A liability insurer that by payment has discharged in full or in part the liability

of a tortfeasor and has discharged in full by the payment its obligation as insurer

is subrogated to the tortfeasor's right of contribution to the extent of the amount

it has paid in excess of the tortfeasor's proportionate share of the common liability.  This division does not limit or impair any right of subrogation arising from any

other relationship. (D) This section does not impair any right of indemnity under existing law.  If one tortfeasor is entitled to indemnity from another, the right of the indemnity

obligee is for indemnity and not contribution, and the indemnity obligor is not entitled

to contribution from the obligee for any portion of the indemnity obligation. (E) This section does not apply to breaches of trust or of other fiduciary obligations. (F) The proportionate shares of tortfeasors in the common liability shall be based upon

their relative degrees of legal responsibility.  If equity requires the collective liability of some as a group, the group shall

constitute a single share, and principles of equity applicable to contribution generally

shall apply. (G) Whether or not judgment has been entered in an action against two or more tortfeasors

for the same injury or loss to person or property or for the same wrongful death,

contribution may be enforced by separate action. (H) Whenever the provisions of the “Federal Tort Claims Act,” 60 Stat. 842 (1946), 28 U.S.C. 2671 et seq., are applicable to a tort and the United States is held liable in tort, the United

States has no right of contribution under this section against the state pursuant

to the waiver of sovereign immunity contained in Chapter 2743. of the Revised Code.