Warsing v. Material Handling Services, Inc.

Defendant and third-party plaintiff, Material Handling Services, Inc. (Material), appeals the dismissal of its third-party contribution complaint against third-party defendant, Robert Wandell (Wandell). The dismissal was based on a settlement between Wandell and plaintiff, Martha Warsing, as administrator of the estate of Howard Warsing. Material challenges the court’s finding that the settlement was made in good faith. We reverse and remand.

Plaintiff’s decedent, Howard Warsing, was killed when Material’s forklift, driven by Wandell, rolled off the hydraulic lift of a truck and fell on…