Promaulayko v. Johns-Manville Sales Corp.

The opinion of the Court was delivered by

POLLOCK, J.

The sole issue on this appeal is whether an intermediate distributor in a chain of distribution should indemnify the ultimate distributor when both are strictly liable in tort to the injured plaintiff. The Law Division granted indemnification to the ultimate distributor, but the Appellate Division reversed, 224 N.J.Super. 391 (1988). We granted certification, 113 N.J. 338 (1988), and now reverse the judgment of the Appellate Division.

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The underlying facts are that the decedent, John Promaulayko (Promaulayko), contracted asbestosis while…