Friday, October 10, 2014

Slocum v. Donahue case brief summary

Slocum v. Donahue case brief summary

F: Slocum (injurer) filed lawsuit against the Donahue (negligent driver). Donahue then filed third party complaint against car manufacturer.
Accident happened due to the negligence on the part of Donahue who was drunk, and the car manufacturer who was negligent and was in breach of warranties of merchantability and fitness for a particular use.

The Donahue’s car was out of control and caused death to Slocum.

R: 1. When a settlement is conducted in good faith to one of two or more persons liable for the same injury, the tortfeasor who conducted settlement cannot get contribution from the non couducted tortfeasor
2. As customer is not vicarious from manufacturer, he is not entitled to indemnification


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