## Facts

- Patricia Ann Roberson died in a vehicle collision on January 19, 1977 while riding as a passenger in a pickup truck driven by her husband, James R. Roberson.
- The pickup collided with a motor truck driven by Oswald R. Carter, an employee of Anchor Motor Freight, Inc.
- The estate’s administrators sued Anchor for wrongful death.
- Anchor filed a third-party claim against James Roberson seeking contribution, alleging his negligence contributed to the death.
- At trial in federal court, the jury found Anchor 70% at fault and James Roberson 30% at fault, and awarded $100,000 in damages.
- The jury allocated the wrongful death proceeds 75% to the decedent’s son and 25% to the husband.

## Issues

1. Whether the abolition of interspousal immunity applies retroactively to an accident occurring before the decision abolishing that immunity.
2. Whether adoption of comparative negligence requires that contribution among joint tortfeasors be apportioned by comparative fault rather than equal shares.
3. Whether comparative negligence affects distribution of wrongful death proceeds among statutory beneficiaries under W. Va. Code § 55-7-6.

## Decision

- The court answered certified questions from a federal district court.
- Abolition of interspousal immunity applies retroactively, allowing a contribution claim against a negligent spouse arising from a pre-decision accident.
- Comparative negligence requires that contribution among joint tortfeasors be based on their relative degrees of fault, while joint and several liability to the plaintiff remains.
- Fault apportionment governs the respective liability and contribution obligations of tortfeasors but does not supplant the statutory method for distributing wrongful death proceeds among beneficiaries.
- No setoff was required against the negligent spouse-beneficiary’s share where adequate liability insurance coverage existed.

## Legal Principles

- When interspousal immunity is abolished, the change applies retroactively to pending and existing causes of action unless a purely prospective application is warranted.
- Under comparative negligence, contribution between joint tortfeasors is apportioned according to comparative fault, not by equal division.
- Comparative-fault contribution rules may coexist with joint and several liability: the plaintiff may recover fully from any joint tortfeasor, and allocation occurs through contribution claims.
- Distribution of wrongful death proceeds is governed by W. Va. Code § 55-7-6; comparative negligence addresses allocation of tort liability, not beneficiary shares.

## Conclusion

The court held that interspousal immunity’s abolition applies retroactively and that, under comparative negligence, contribution among joint tortfeasors tracks relative fault while leaving wrongful death distribution to the governing statute and preserving joint and several liability to the plaintiff.


Sitzes v. Anchor Motor Freight, Inc., 289 S.E.2d 679 (W. Va. 1982)