Bardwell Motor Inn, Inc. v. Accavallo

This case reaches us upon the pleadings, by interlocutory appeal, permitted by the trial court under V.R.A.P. 5(b). The ruling appealed from is a denial of defendants’ motion to dismiss plaintiffs complaint upon the ground that it seeks contribution among joint tortfeasors, contrary to the law of this jurisdiction as set out in Howard v. Spafford, 132 Vt. 434, 321 A.2d 74 (1974).

The alleged facts are relatively simple. Plaintiff, a hotel operator, contracted with defendants to replace a glass panel in the exterior door to its main entrance. Without prior notice to plaintiff, the defendants…