Torts Keyed to Prosser
Slocum v. Donahue
Facts
Robert Donahue pled guilty to a motor vehicle homicide resulting in the death of the Plaintiff’s eighteen-month-old son. The Plaintiffs filed a civil action against the Defendants claiming negligence and gross negligence. The Defendants filed a third-party complaint against Ford, denying negligence and seeking contribution and indemnification based on Ford’s negligence. The Defendants’ expert was prepared to testify that the driver’s side floor mat was defective, allowing it to interfere with the vacuum booster, which caused the power breaks to fail. Prior to trial, Ford and the Plaintiffs signed a settlement agreement releasing Ford from any claim. Ford then moved for summary judgment asserting that all claims for contribution were extinguished by the settlement agreement and that there is no basis for the Defendants’ claims for indemnity. The trial court dismissed the third-party complaint and the Defendants appealed.
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