|Audra S. Martin v CSX Transportation|
|Written by Steve Gordon|
|Saturday, 24 October 2009 23:42|
Case Name: Audra S. Martin v CSX Transportation Inc.
Martine contended that while she was yardmaster for CSX, a battery used to power the yard’s power supply began to leak and released fumes causing Martin to lose consciousness, fall, and sustain injuries.
CSX filed an Answer denying liability, and subsequently filed a third-party complaint against APCC, the battery manufacturer. CSX and Martin eventually settled their disputes, and APCC and B&B Battery filed for partial summary judgment against CSX.
The third-party defendants, B&B and APCC, contended that they were entitled to summary judgment on CSX’s contribution claims asserted in their third-party complaint pursuant to Ohio Rev. Cod §2307.25(B). The Code provides that: “a tortfeasor who enters into a settlement with a claimant is not entitled to contribution from another tortfeasor who’s liability for the injury or loss to person…is not extinguished by the settlement, or in respect to any amount paid in the settlement in excess of what is reasonable”.
CSX countered by arguing that because Third-party defendants’ liability was extinguished by the statute, the statute of limitations inapplicable. CSX contended the statute should be read in a way not supported by any authority.
Accordingly this Court granted APCC and B&B’s motion for partial summary judgment.