Mullin Lumber Co. v. Chandler

Opinion

JOHNSON, J .

The issue in this appeal is whether a settling defendant must prove its own liability to the plaintiff in order to recover from concurrent tortfeasors in an action for equitable indemnity. We have concluded such a requirement would undermine the important public policies of maximizing recovery to the injured party, encouraging settlements and apportioning liability according to fault while advancing no legitimate interests of the alleged tortfeasors who did not settle. Therefore we reverse the judgment of nonsuit against Mullin Lumber Company in its action for equitable…