Opinion
Civil Action No: 01-0047 C/W 01-0396 AND 01-0930.
December 27, 2001
Before the court are the following motions:
(1) "Motion for Summary Judgment" filed by the United States of America, Defendant in Civil Action No. 01-0047; and
(2) "Motion for New Trial" filed by GAN North America Insurance Company (GAN), Plaintiff in Civil Action No. 01-0396.
The motions, set for hearing on Wednesday, December 26, 2001, are before the court on briefs, without oral argument. Now, having reviewed the memoranda of counsel and the applicable law, the court finds that:
(1) with regard to the United States' Motion for Summary Judgment, there are genuine issues of material fact precluding summary judgment; and
(2) with regard to GAN's Motion for New Trial, the court is unpersuaded by GAN's arguments that this court has subject matter jurisdiction over GAN's claim for contribution against the United States. The United States can be sued for contribution as a joint tortfeasor through the Federal Torts Claim Act if a right of contribution exists under state law, and Louisiana Civil Code Article 1805 provides that:
A party sued on an obligation that would be solidary if it exists may seek to enforce contribution against any solidary co-obligor by making him a third party defendant according to the rules of procedure, whether or not that third party has been initially sued, and whether the party seeking to enforce contribution admits or denies liability on the obligation alleged by plaintiff.
Certain Underwriters at Lloyd's v. United States, 511 F.2d 159, 161 (5th Cir. 1975).
Here, however, GAN asserts its right of contribution against the United States as a main, independent claim in No. 01-0396. If and until GAN is cast in Judgment in the related pending state court case (Evelyn Adams v. GAN), GAN's cause of action for contribution asserted against the United States in this court is speculative and not ripe for resolution. The judicial inefficiency of the dual proceedings (i.e., Adams v. United States in this court, and Adams v. GAN in state court) is not lost on this court, but GAN's claim for contribution cannot proceed in this court without subject matter jurisdiction.
See also, Hendrick v. Stone, Pigman, Walther, Wittman Hutchinson, 677 So.2d 716, 719 (La.App. 1st Cir. 1996) (discussing how La.Civ. Code Art. 1805 authorizes a solidary obligor to exercise his right of action for contribution before the cause of action, i.e., the right to collect contribution, accrues).
Accordingly;
IT IS ORDERED that both the United States' "Motion for Summary Judgment" and GAN's "Motion for New Trial" be and are hereby DENIED.