This section contains the nature of the case and procedural background.

Langland (P) and her husband were guest passengers in an automobile owned and operated by Knell. The car in which they were riding collided with a taxicab owned by Feltman (D) and operated by his employee, as a result of which (P) was seriously injured. P sued D to recover damages. After answering, D filed a third-party complaint against Knell (D1), asserting the collision was caused by the contributing or sole negligence of D1. D denied he was negligent, and alleged P's injuries were caused only by D's negligence; he also counterclaimed against D to recover damages for his own personal injuries. P did not assert a claim against D1. The jury found both D and D1 to be negligent to P and awarded $11,500 against D and $5,750 for D against D1 for contribution. D1 appealed. D1 contends there can be no contribution between concurrent tortfeasors unless the plaintiff previously has obtained a judgment against both, and unless both were 'vicariously' negligent, i.e., liable under the doctrine of respondeat superior.

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