Cartel Capital Corporation. v. Fireco of New Jersey

410 A.2d 674 (1980)

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Cartel Capital Corporation. v. Fireco of New Jersey

New Jersey Supreme Court
410 A.2d 674 (1980)

Facts

Country Burger (plaintiff) operated a business that contained a fire extinguishing system manufactured by Ansul (defendant). Fireco (defendant) was responsible for distributing and servicing the system. A grease buildup started a fire, and the fire extinguishing system failed, causing significant damage to Country Burger’s restaurant. Country Burger brought a negligence claim against Fireco and a strict liability claim against Ansul for the fire damage. The jury found $113,400 in damages and allocated 41 percent of the fault to Country Burger, 29 percent to Fireco, and 30 percent to Ansul. Before the jury announced its verdict, however, Ansul had settled with Country Burger for $50,000. The trial court then dismissed Fireco’s cross claim for contribution against Ansul.

Rule of Law

Issue

Holding and Reasoning (Schreiber, J.)

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