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In its unpublished opinion dated June 20, 2022, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) stated in a case where the underlying cause of action was for medical malpractice, “In this appeal, we consider again whether a settling tortfeasor may pursue a contribution claim against an alleged joint tortfeasor if the settlement with the plaintiff was never reduced to judgment … By its express terms, the JTCL [Joint Tortfeasors Contribution Law, N.J.S.A. 2A:53A-1 to -5] contemplates a joint tortfeasor may recover contribution from another joint tortfeasor only if (1) there was a “money judgment” in favor of the plaintiff, and (2) the initial tortfeasor paid more than his “pro rata share” of that judgment.”

N.J.S.A. 2A:53A-3 (Section 3), provides: “Where injury or damage is suffered by any person as a result of the wrongful act, neglect or default of joint tortfeasors, and the person so suffering injury or damage recovers a money judgment or judgments for such injury or damage against one or more of the joint tortfeasors, either in one action or in separate actions, and any one of the joint tortfeasors pays such judgment in whole or in part, he shall be entitled to recover contribution from the other joint tortfeasor or joint tortfeasors for the excess so paid over his pro rata share; but no person shall be entitled to recover contribution under this act from any person entitled to be indemnified by him in respect to the liability for which the contribution is sought.”

The New Jersey Appellate Court stated in the case it was deciding, “In short, the plain language of Section 3 predicates Bowers’ ability to pursue her third-party contribution claim against Comiskey upon a judgment in Hoelz’s favor. That statutory requirement has little to do with the public notice provided by a judgment, but rather everything to do with the natural consequences that flow from the entry of a judgment against the settling tortfeasor “blessed with the imprimatur of the court” … we are bound by the Court’s holdings in Rosenthal and Young, both of which require the court’s entry of a money judgment in the plaintiff’s favor against the contribution claimant as predicate to a right of contribution. We therefore reverse the order denying Comiskey’s motion to dismiss and remand the matter to the Law Division to enter an order dismissing Bowers’ third-party complaint for contribution.”

Source Hoelz v. Bowers, Docket No. A-1534-21.

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