Irwin Yacht Sales, Inc. v. Carver Boat Corp.

Plaintiff, a boat retailer, seeks indemnity from defendant, a boat manufacturer, for the amount of a judgment against plaintiff for damages incurred by a purchaser of a boat. In the underlying action, both plaintiff and defendant were found to be severally liable for a portion of the purchaser’s damages. In the present action, the trial court granted defendant’s motion to dismiss for failure to state a claim, ORCP 21A(8), holding that the prior action had decided the relative liability of the two parties. We reverse and remand.

Plaintiff sold Mynahan a boat designed and manufactured by…