right of contribution exists only in favor of a tortfeasor who has
No. 06-3777 Wagner-Meinert v. EDA Controls
Meinert alleges that EDA failed "to perform its obligations under the contract" and hence "has an
obligation to contribute to any judgment rendered against [it]." This claim for "contribution" for
breach of contract does not come within the coverage of Ohio's contribution statute, as the District
Court found, nor does the claim attempt to state how any "common [tort] liability" should be
apportioned. The judgment against Warner-Meinert was in contract. The contribution count
contains no factual or theoretical basis for shifting some of Wagner-Meinert's liability to EDA.
For the foreging reasons, the judgment of the district court is affirmed.
paid more than that tortfeasor's proportionate share of the common liability, and that tortfeasor's total recovery is limited to the amount paid by that tortfeasor in excess of that tortfeasor's proportionate share. No tortfeasor may be compelled to make contribution beyond that tortfeasor's own proportionate share of the common liability. There is no right of contribution in favor of any tortfeasor against whom an intentional tort claim has been alleged and established. (Emphasis added.)