§ 33.016.Claim Against Contribution Defendant

A route to reach someone the claimant deliberately left out, and it is distinct from designating a responsible third party.

A "contribution defendant" is a defendant, counterdefendant, or third-party defendant from whom a party seeks contribution but from whom the claimant seeks no relief at the time of submission. Each liable defendant is entitled to contribution from any such person who is not a settling person and who is liable to the claimant for a percentage of responsibility.

The key mechanic is in subsection (c). The trier of fact determines the contribution defendant's percentage as a separate issue or finding, and those findings are solely for purposes of this section and the contribution section — expressly not part of the percentages determined under the general apportionment section. Only defendants and contribution defendants are included in that separate determination.

So there are two apportionments in such a case. One decides what the claimant recovers; the other decides how the paying defendants divide it among themselves. A contribution defendant's share does not reduce the claimant's award.

That is the difference from a responsible third party designation. A designated third party's percentage comes off the claimant's recovery and no one pays it. A contribution defendant is in the case, pays, and does not shrink what the claimant collects.