The Viability of Third-Party Claims Under West Virginia Code Sections 55-7-13a-d

January 2019

By Jordan V. Palmer, as published in The DTCWV Defender, Winter Edition 2019, Volume IV

“Can this Third-Party Complaint survive under West Virginia’s modi­fied comparative fault statutes?” As of 2015, this is a vital question every West Virginia attorney should be asking upon receipt of, or before ­ ling, a third-party complaint. For most common law contribution claims, the answer is likely: No.

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