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DiGregorio v. Champlain Valley Fruit Co.

Supreme Court of Vermont
255 A.2d 183 (1969)


Facts

Barbara Malloy bit into a banana that had a glass thermometer in it and was injured. Malloy had bought the banana from Quality Mart (plaintiff), a retailer that had bought the banana from Champlain Valley Fruit Company (Champlain) (defendant). Malloy brought a products-liability suit against Quality Mart for negligence and breach of warranty. Champlain was later joined as a defendant. Malloy, Quality Mart, and Champlain settled Malloy’s suit out of court. As part of the settlement, Quality Mart paid Malloy $300, and Champlain paid Malloy $1,200. With these facts stipulated, Quality Mart, through its owners the DiGregorios, brought suit against Champlain to recover its payment to Malloy in the settlement. The trial court ruled in favor of Quality Mart. Champlain appealed.

Rule of Law

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Issue

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Holding and Reasoning (Holden, C.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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