Barringer v. Baptist Healthcare of Oklahoma

ON CERTIORARI TO THE COURT OF CIVIL APPEALS, DIVISION 1 0 This is a medical negligence action in which the defendant hospital, after settling with the plaintiff, sought contribution from the non-settling alleged joint tortfeasor - the treating physician. The issue on appeal is whether the hospital's contribution claim is barred by the doctrines of waiver and estoppel. The trial court concluded the contribution claim was barred by both doctrines, granted summary judgment in favor of the physician and denied the hospital's motion for new trial. The hospital appealed. The Court of Civil Appeals reversed. The physician sought certiorari review which we previously granted.