Eberly v. A-P Controls, Inc
In Eberly v. A-P Controls, Inc. (1991), 61 Ohio St.3d 27, 572 N.E.2d 633, the Supreme Court construed R.C. 2315.19 in conjunction with R.C. 2307.32(E).
The Court explained that R.C. 2315.19 required interrogatories allocating fault whenever the plaintiff's contributory negligence was pled as a defense.
If the jury then returned answers to these interrogatories allocating no fault to the plaintiff, then joint and several liability would lie.
In such a situation, the jury interrogatories, which have already allocated fault among the defendants, would set forth contribution rights pursuant to R.C. 2307.32(E).
The Court expressly stated that these interrogatories could not include previously settled defendants as they were no longer "parties" to the action. Id. at 34.