COOK v. STANSELL

No. 20139.

411 S.E.2d 844 (1991)

Brenda Michelle COOK and Linda D. Pill, Plaintiffs Below, v. Don STANSELL, Defendant Below. MARTINSBURG PARTNERS, LIMITED PARTNERSHIP, an Alabama Limited Partnership, Jake F. Aronov, Owen Aronov, Teri A. Diamond, Alex D. Baker, M. D. Lewis, Jeffrey T. Weil, H. H. Garland, Jr., Aronov Realty Company, a Foreign Corporation, Defendants and Third-Party Plaintiffs, v. JoAnn GALL, Third-Party Defendant.

Supreme Court of Appeals of West Virginia.

Decided October 31, 1991.

Modified November 22, 1991.


Attorney(s) appearing for the Case

D. Michael Burke, Martinsburg, for plaintiffs.

Richard L. Douglas, Norwood Bentley, III, Martinsburg, for defendants and thirdparty plaintiffs.

Susan R. Snowden, E. Kay Fuller, Martinsburg, for third-party defendant.


BROTHERTON, Justice:

The three certified questions presented in this case raise the issue of whether a good faith settlement by a nonparty to a tort action bars the later impleading of that nonparty into the action. The Circuit Court of Berkeley County, in answering the certified questions, concluded that the settlement did not bar the later impleading of the settling nonparty. In the present proceeding, JoAnn Gall, a party who settled in good faith with Brenda M...

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