## Facts

- Homeowners in Alton Park, Chattanooga, sued Velsicol Chemical Corporation for damages allegedly caused by emissions from its chemical plant.
- Plaintiffs alleged the emissions contaminated local air and water, constituting a nuisance, and that identifiable pollutants were deposited on their properties as a trespass.
- Plaintiffs also alleged intentional disregard of law and injunctions and sought punitive damages.
- Velsicol denied liability and filed a third-party complaint against five nearby industrial operators, alleging each emitted pollutants in the same area and time period.
- Velsicol sought to hold the third-party defendants liable to it for all or part of any recovery the plaintiffs obtained, on a contribution and/or indemnity theory.
- The trial court dismissed the third-party complaint for failure to state a claim and as not permitted under Tennessee Rule of Civil Procedure 14.01.

## Issues

1. Whether a defendant alleged to have caused pollution damage may plead contribution against other alleged emitters as potential joint tortfeasors responsible for an indivisible injury.
2. Whether Tennessee Rule of Civil Procedure 14.01 permits impleader of parties who may be liable to the defendant for all or part of the plaintiff’s claim, even before the defendant has paid more than a pro rata share and even if plaintiffs did not sue those parties.

## Decision

- The Tennessee Supreme Court reversed the dismissal and reinstated the third-party complaint.
- The court held the allegations were sufficient to treat the third-party defendants as potential joint tortfeasors whose independent emissions could have contributed to a single, indivisible injury.
- The court held Rule 14.01 allowed impleader because the third-party defendants “may be liable” to Velsicol for all or part of the plaintiffs’ claim.
- The case was remanded for further proceedings with the third-party defendants remaining in the action.

## Legal Principles

- Independent acts by multiple actors can create joint and several liability when they combine to produce a single, indivisible injury; contribution allows allocation among those liable for the same injury.
- Contribution apportions loss among joint tortfeasors; indemnity shifts the entire loss to another party and requires a different showing.
- Under Tennessee Rule of Civil Procedure 14.01, impleader is proper when a nonparty is or may be liable to the defendant for all or part of the plaintiff’s claim; actual payment of more than a pro rata share is not a prerequisite to impleader.
- Allegations that a defendant acted intentionally do not necessarily bar pleading contribution at the outset where liability might ultimately rest on non-intentional conduct within the scope of contribution law.

## Conclusion

The Tennessee Supreme Court held that a defendant in a multi-source pollution case may implead other alleged emitters under Rule 14.01 to pursue contribution based on potential joint tortfeasor status for an indivisible injury, allowing allocation of responsibility in a single action.


Velsicol Chem. Corp. v. Rowe, 543 S.W.2d 337 (Tenn. 1976)