Spangler v. McQuitty’s Empirical Analysis
2012
Citation profile
4 state decisions
Relationships
Relies on I. W. Berman Properties v. Porter Bros. · Davis ex rel. Davis v. Jellico Community Hospital Inc. · Owens-Corning Fiberglas Corp. v. Garrett · Swigert v. Welk · Porter Hayden Co. v. Bullinger
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As the Court of Appeals recognized long ago, “[the Uniform Act] does not specify the test of liability. Clearly, something short of an actual judgment will suffice.” Swigert v. Welk, 213 Md. 613, 619 , 133 A.2d 428 (1957). The fact, however, that a party has been sued or threatened with suit is not enough to establish joint tort-feasor status. See Owens-Corning Fiberglas [Corp.] v. Garrett, 343 Md. 500, 531-32 , 682 A.2d 1143 (1996). Tort-feasor status, in the absence of adjudication, generally rests on admission by the purported tort-feasor of such status. Thus, a party will be considered a joint tort-feasor when it admits joint tortfeasor status in a settlement agreement, see Martinez, 300 Md. at 94-95, 476 A.2d 197 , or if a default judgment has been entered against a party. See Porter Hayden Co. v. Bullinger, 350 Md. 452, 473-74 , 713 A.2d 962 (1998) (because a default judgment is considered an admission of liability, it is sufficient to establish joint tort-feasor status).”
1 later decision quote this exact passage“(a) In general. — The right of contribution exists among joint tort-feasors. (b) Discharge of liability or payment of share. — A joint tort-feasor is not entitled to a money judgment for contribution until the joint tort-feasor has by payment discharged the common liability or has paid more than a pro rata share of the common liability. (c) Effect of settlement — A joint tort-feasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tort-feasor whose liability to the injured person is not extinguished by the settlement.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.