Tennessee § 29-11-104 - Enforcement of contribution — Procedure — Limitation.

§ 29-11-104. Enforcement of contribution — Procedure — Limitation.

Whether or not judgment has been entered in an action against two (2) or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action in the circuit or chancery courts to be tried according to the forms of chancery. Where a judgment has been entered in an action against two (2) 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; provided that, any issue as to indemnity may be determined at the hearing of such motion. If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by the tortfeasor to enforce contribution must be commenced within one (1) year after satisfaction of the judgment. If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, the tortfeasor's right of contribution is barred unless the tortfeasor has either: Discharged by payment the common liability within the statute of limitations period applicable to claimant's right of action against the tortfeasor and has commenced tortfeasor's action for contribution within one (1) year after payment; or Agreed while action is pending against the tortfeasor to discharge the common liability and has within one (1) year after the agreement paid the liability and commenced tortfeasor's action for contribution within one (1) year of payment. The recovery of a judgment for an injury or wrongful death against one (1) 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. The judgment of a court in determining the liability of the several defendants to a claimant for an injury or wrongful death after trial on the merits shall be binding among such defendants in determining their right to contribution or indemnity, except where a claimant commenced an action for injury or wrongful death prior to April 3, 1968. Acts 1968, ch. 575, § 4; T.C.A., § 23-3104. Cross-References. Limitation of actions, counterclaim or third party complaint, § 28-1-114 . Limitation of actions, personal tort claims, § 28-3-104 . Textbooks. Tennessee Jurisprudence, 7 Tenn. Juris., Contribution and Exoneration, § 21. Law Reviews. Assumption of Risk in Tennessee Subsequent to the Adoption of Comparative Fault: Perez v. McConkey (Mark W. Milam), 60 Tenn. L. Rev. 1007 (1993). Comparative Fault—Banks v. Elks Club Pride: Preserving Fairness in Liability While Adhering to Strict Comparative Fault Principles (Anna Rudman-Santos), 41 U. Mem. L. Rev. 637 (2011). Contribution and Indemnity in Products Liability (Jerry J. Phillips), 42 Tenn. L. Rev. 85. Liability and Contribution for Indivisible Injury, 45 Tenn. L. Rev. 129. Mary Carter Agreements, Learn the Inside Deal (June F. Entman), 24 No. 1 Tenn. B.J. 10 (1988). Survey of Civil Procedure in Tennessee — 1977, VII. Appellate Review of the Disposition (John L. Sobieski, Jr.), 46 Tenn. L. Rev. 366. Tennessee Survey of the Law — Indemnity in Tort, 7 Mem. St. U.L. Rev. 307. The Nonparty Tortfeasor (June F. Entman), 23 Mem. St. U.L. Rev. 105 (1992). Tort Law–Comparative Fault–Original Tortfeasor Rule in Tennessee (Dan Calvert), 78 Tenn. L. Rev. 259 (2010). Torts — Vicarious Liability — Covenant Not to Sue Servant or Agent as Affecting Liability of Master or Principal (Darrell L. West), 44 Tenn. L. Rev. (1) 188. Cited: Massey v. Sullivan County, 225 Tenn. 132, 464 S.W.2d 548, 1971 Tenn. LEXIS 286 (1971); Wharton Transport Corp. v. Bridges, 606 S.W.2d 521, 1980 Tenn. LEXIS 504, 24 A.L.R.4th 1295 (Tenn. 1980); Knox-Tenn Rental Co. v. Jenkins Ins., Inc., 755 S.W.2d 33, 1988 Tenn. LEXIS 125 (Tenn. 1988).