Durden v. Hydro Flame Corp.

Introduction

¶3 3 As the maj ority opinion points out, resolution of the issue on appeal presents a practical dilemma of choosing between two competing public policies — one favoring settlements and the other favoring placing responsibility upon the “up stream” manufacturer of a defective product notwithstanding that the manufacturer is released from liability by the injured plaintiff. In the context of this case — a strict products liability action — I cannot agree with the Court that the former policy must take precedence over the latter. To the contrary, I conclude that the latter policy…