{
  "id": 1568789,
  "name": "COMMERCIAL UNION ASSURANCE COMPANIES, a corporation, Plaintiff-Appellee, v. WESTERN FARM BUREAU INSURANCE COMPANIES, a corporation, Defendant-Appellant",
  "name_abbreviation": "Commercial Union Assurance Companies v. Western Farm Bureau Insurance Companies",
  "decision_date": "1979-11-01",
  "docket_number": "No. 12431",
  "first_page": "507",
  "last_page": "508",
  "citations": [
    {
      "type": "official",
      "cite": "93 N.M. 507"
    },
    {
      "type": "parallel",
      "cite": "601 P.2d 1203"
    }
  ],
  "court": {
    "name_abbreviation": "N.M.",
    "id": 8835,
    "name": "Supreme Court of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
  "cites_to": [
    {
      "cite": "86 N.M. 235",
      "category": "reporters:state",
      "reporter": "N.M.",
      "case_ids": [
        2828173
      ],
      "weight": 3,
      "year": 1974,
      "opinion_index": 0,
      "case_paths": [
        "/nm/86/0235-01"
      ]
    }
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  "last_updated": "2023-07-14T15:53:36.909287+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "EASLEY and PAYNE, JJ., concur."
    ],
    "parties": [
      "COMMERCIAL UNION ASSURANCE COMPANIES, a corporation, Plaintiff-Appellee, v. WESTERN FARM BUREAU INSURANCE COMPANIES, a corporation, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "OPINION\n~\"\"SOSA, Chief Justice.\nThe issue we decide in this case is whether the language \u201cpro rata share\u201d as used in the Uniform Contribution Among Tortfeasors Act, \u00a7 41-3-2, et seq., N.M.S.A.1978, means \u201cequal shares\u201d or \u201cproportionate shares\u201d when applied to the right of contribution between tenants in common. We construe it to mean \u201cequal shares.\u201d\nThis case arose out of a wrongful death action filed in Rio Arriba County. The basis of the suit was an allegation that four defendants, two of whom were insured by Commercial Union Assurance Companies (Commercial Union) and two of whom were insured by Western Farm Bureau Insurance Companies (Western Farm), negligently and proximately caused the death of one Esquibel, a minor. The accident causing Esquibel\u2019s death allegedly oc'curred when he fell into a well and drowned on property insured by Commercial Union and Western Farm. The negligence suit was settled. In settling the case, however, the two insurers disagreed on the amount to be contributed on behalf of their insureds towards settlement. The two companies sought a declaratory judgment adjudicating the rights and liabilities between them. Summary judgment was granted for Commercial Union. Western Farm Appeals.\nWestern Farm\u2019s position below and on appeal is that their liability is proportionate to their insureds\u2019 interest in the property. Western Farm\u2019s insureds own a twenty percent total interest in the property as tenants in common. Commercial Union\u2019s insureds own an eighty percent total interest in the property. Commercial Union argues that each insurance company owes fifty percent of the settlement amount, because each insured must contribute an equal amount regardless of the proportion of ownership.\nIt is well established that ours is a jurisdiction which adheres to the doctrine of contributory negligence as a bar to recovery in a tort action. Syroid v. Albuquerque Gravel Products Co., 86 N.M. 235, 522 P.2d 570 (1974). This is based on the perception that justice is best served by not comparing degrees of negligence or fault. Id. While the instant case involves the relationship between defendants inter se rather than between defendants and plaintiffs, the same principle applies.\nProfessor Prosser states that \u201c[n]ormally the apportionment of liability effected by contribution is on the basis that \u2018equality is equity,\u2019 which means that each tortfeasor is required ultimately to pay his pro rata share, arrived at by dividing the damages by the number of tortfeasors.\u201d Prosser, Law of Torts, \u00a7 50 at 310 (4th ed. 1971). We follow this rule. The duty owed by each owner of the property is the same, and the tortfeasors stand in the same relationship to one another. They are all equally liable for a breach of their duty.\nWe hold that \u201cpro rata share\u201d as used in \u00a7 41-3\u20142 of the Uniform Contribution Among Tortfeasors Act means \u201cequal shares\u201d when applied to the right of contribution between tenants in common.\nThe decision of the trial court is hereby affirmed.\nIT IS SO ORDERED.\nEASLEY and PAYNE, JJ., concur.",
        "type": "majority",
        "author": "~\"\"SOSA, Chief Justice."
      }
    ],
    "attorneys": [
      "Modrall, Sperling, Roehl, Harris & Sisk, Ruth M. Schifani, Albuquerque, for defendant-appellant.",
      "Montgomery, Andrews & Hannahs, Frank Andrews, Jeffrey R. Brannen, Santa Fe, for plaintiff-appellee."
    ],
    "corrections": "",
    "head_matter": "601 P.2d 1203\nCOMMERCIAL UNION ASSURANCE COMPANIES, a corporation, Plaintiff-Appellee, v. WESTERN FARM BUREAU INSURANCE COMPANIES, a corporation, Defendant-Appellant.\nNo. 12431.\nSupreme Court of New Mexico.\nNov. 1, 1979.\nModrall, Sperling, Roehl, Harris & Sisk, Ruth M. Schifani, Albuquerque, for defendant-appellant.\nMontgomery, Andrews & Hannahs, Frank Andrews, Jeffrey R. Brannen, Santa Fe, for plaintiff-appellee."
  },
  "file_name": "0507-02",
  "first_page_order": 553,
  "last_page_order": 554
}