M & T Chemicals, Inc. v. Barker Industries, Inc.

Sanders, Chief Judge:

The dispositive issue presented by this appeal is whether the rule against contribution among joint tortfeasors should be modified so as to allow contribution where they did not act intentionally or in concert with each other.

Appellant M&T Chemicals, Inc. and respondents Barker Industries, Inc., Virginia F. Settin, Flavius Settin and John Settin operated adjacent chemical manufacturing plants in the Laurens County community of Ora. A number of Ora residents sued M&T, alleging that “emissions from [its] chemical manufacturing plant in Ora had damaged their health and…