Quimbee logo
DMCA.com Protection Status

Bervoets v. Harde Ralls Pontiac-Olds, Inc.

891 S.W.2d 905 (1994)

Case BriefRelatedOptions
From our private database of 33,600+ case briefs...

Bervoets v. Harde Ralls Pontiac-Olds, Inc.

Tennessee Supreme Court

891 S.W.2d 905 (1994)

Facts

Michael Bervoets (plaintiff) was seriously injured in a car accident caused by Lee Jackson (defendant). Bervoets filed a negligence action against Jackson and his parents, among others. Jackson, who was underage, had been drinking at a restaurant operated by Adanac, Inc. (d/b/a Cactus Jack’s) (third-party defendant), so the Jacksons and their insurance company, Safeco, filed a third-party complaint against Adanac. Bervoets settled with the Jacksons and Safeco, releasing all claims against all defendants. Safeco then sought contribution under the Uniform Contribution Among Tortfeasors Act (UCATA) from Adanac. Two trials were held, but the verdicts were set aside and reversed. Before the third trial, the Tennessee Supreme Court decided McIntyre v. Balentine, abolishing joint and several liability and stating that comparative fault would apply to contribution actions tried or retried after the decision instead of pro rata shares under UCATA. Following McIntyre, Safeco filed an amended third-party complaint against Adanac seeking contribution and common-law indemnity. Adanac moved to dismiss the amended third-party complaint. The trial court dismissed the common-law indemnity claim but not the contribution claim. Adanac appealed, and the appellate court affirmed, holding that the contribution claim should be determined using pro rata shares instead of comparative fault. Adanac appealed.

Rule of Law

Issue

Holding and Reasoning (Drowota, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 603,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 603,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 603,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership