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MITCHELL v. SHERWOOD

(9511-08218; CA A96769).

985 P.2d 870 (1999)

161 Or. App. 376

Maria MITCHELL, Plaintiff, v. Noralee SHERWOOD, Defendant, Noralee Sherwood, Third-Party Plaintiff—Respondent, v. State of Oregon, acting by and through the Oregon Department of Transportation, Third-Party Defendant—Appellant.

Court of Appeals of Oregon.

Decided July 7, 1999.

Attorney(s) appearing for the Case

Philip Schradle, Assistant Attorney General, argued the cause for appellant. On the briefs were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Erika L. Hadlock, Assistant Attorney General.

Ben Shafton argued the cause for respondent. With him on the brief was Morse & Bratt Law Firm.

Before LANDAU, Presiding Judge, and WOLLHEIM, Judge, and ROSSMAN, Senior Judge.

LANDAU, P.J.

At issue in this case is whether the state may be held liable in contribution to a defendant/third-party plaintiff when the plaintiff in the underlying negligence action never filed a notice of intent to sue the state. We conclude that the state may not be held liable in contribution, because, under ORS 18.440(1), a party is liable in contribution only to the extent that it is liable in tort to the plaintiff in the underlying action.

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