A car accident occurred when an engine cover flew off of a boat that was being towed on the highway. The driver who caused the accident filed a suit against the driver who was towing the boat and the marine company who had recently serviced the boat, alleging that they had negligently replaced the engine cover. The company then filed a third party suit against the boat’s manufacturer, claiming they had defectively designed the boat and were ultimately responsible for causing the accident under a product liability theory. The original parties settled the matter, the marine company sought contribution and indemnity from the manufacturer. MGM effectively defended against the claim and the trial court dismissed the suit. On appeal the court concluded that apportionment statute did not apply to the marine company’s claim and affirmed the trial court’s decision.
Contribution & Indemnity/apportionment/product design or manufacturing defect/procedure
