Subrogation, Indemnity, Contribution and Election of Remedies Aspects of the Tort Claims Act

Dramatically altering the concept of sovereign responsibility in the field of injuries to person and property, the Federal Tort Claims Act of 1946 in action has progressed steadily by application and interpretation to emerge as one of the most, if not the most, important pieces of domestic legislation enacted during the past decade. This ascendency has transpired primarily because the overwhelming majority of courts have boldly taken a dynamic approach to the inevitable problems occurring and recurring in a day-to-day consideration of the multitude of factual permutations and combinations presented to them for analysis and decision under the Act. Generally the private practitioner has consistently sought before the judicial forums provided under the Act, as contrasted with the legislative forum theretofore available, to obtain relief in a speedy and expeditious manner for the client who has in some manner suffered a loss, directly or indirectly, as a result of some activity of the Federal Government. But not only is the lawyer required to prosecute claims against the Government; he may also be retained to undertake the defense of a client who has been charged with being responsible along with a Government agent, servant or employee for an injury to the person or property of a third person. Furthermore, he may represent that very agent, servant or employee who has committed the act for which the Federal Government may be eventually adjudicated liable. More specifically, the practicing lawyer is vitally concerned with subrogation, indemnity, contribution and election of remedies as these concepts have been developed and applied within the framework of the Tort Claims Act. An examination of the principal cases affords an excellent opportunity to study and analyze the problems of the private lawyer in these fields and to state the avenues of approach open to him and their probability of success. Perhaps at the conclusion of such an examination, questions inherent in the title will in some small measure be answered