Legal Opinion

Fleming v. Threshermen's Mutual Insurance Co.

Wisconsin Supreme Court

Decided June 20, 1986No. 84-1873PublishedCited by 24 opinions

1Opinion of the CourtWilliam G. Callow, J.

We accepted this case on certification from the court of appeals to decide whether a negligent tortfeasor has a right to indemnity or contribution from an intentional joint tortfeasor and to decide how a Pierringer release of an intentional joint tortfeasor affects the rights of a negligent tortfea-sor. We conclude that a negligent tortfeasor has a right to indemnity from an intentional joint tortfeasor. We further conclude that a Pierringer release of an intentional joint tortfeasor operates to absolve a negligent tortfeasor of liability to a plaintiff because the negligent tortfeasor's…

2Cases cited9 opinions

  1. Pierringer v. HogerWisconsin Supreme Court · 1963
  2. Ellis v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1918
  3. Milwaukee Metropolitan Sewerage District v. Wisconsin Department of Natural ResourcesWisconsin Supreme Court · 1985
  4. Swanigan v. State Farm InsuranceWisconsin Supreme Court · 1980
  5. Jacobs v. General Accident Fire & Life Assurance Corp.Wisconsin Supreme Court · 1961

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3Cited by24 opinions

  1. United States v. Ettrick Wood Products, Inc.Court of Appeals for the Seventh Circuit · 1990
  2. VanCleve v. City of MarinetteWisconsin Supreme Court · 2003
  3. Eden Stone Co. v. Oakfield Stone Co.Court of Appeals of Wisconsin · 1991
  4. Brandner v. Allstate InsuranceWisconsin Supreme Court · 1994
  5. Imark Industries, Inc. v. Arthur Young & Co.Wisconsin Supreme Court · 1989

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