James Tucker and Linda Tucker v. Union Oil

This is an appeal from a judgment in favor of plaintiff-respondent Tucker in a negligence action. Tucker suffered an industrial accident while in the employ of Feed Services [a non-party to this action], received workmens compensation benefits therefor, and thereafter brought this action against eight defendants as third-party tortfeasors. The verdict and judgment were entered only against Collier Carbon and Chemical Company, appellant here. The principal issue presented on this appeal and a case of first impression in this jurisdiction is whether, in the context of an industrial accident and where the employer has been found to be negligent, this Court should adopt a doctrine of comparative fault. That doctrine would require a third-party tortfeasor to respond in damages only in the ratio which its negligence bears to all other negligent conduct by others. Correlatively stated, may a third-party tortfeasor escape liability for the total damages to plaintiff otherwise assigned to him by the traditional doctrine of the joint and several liability of joint tortfeasors.