Slocum v. Donahue

693 N.E.2d 179, 44 Mass.App.Ct. 937 (1998)

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Slocum v. Donahue

Massachusetts Appeals Court
693 N.E.2d 179, 44 Mass.App.Ct. 937 (1998)

  • Written by Michael Beverly, JD
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Facts

Robert Donahue (defendant) pled guilty to motor vehicle homicide in the death of the Slocums’ son. The Slocums (plaintiffs) filed a civil suit against the Donahues (defendants) for negligence. The Donahues cross-claimed against Ford Motor Company (Ford) seeking contribution and indemnity for a defective floor mat that contributed to the accident. Prior to trial, the Slocums settled with Ford for a sum of $150,000 in exchange for a release of all claims against Ford. As a result, the trial court dismissed the Donahues’ cross-complaints against Ford. The Donahues appealed.

Rule of Law

Issue

Holding and Reasoning ()

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Casebooks

Torts

Key Terms

  • ContributionThe right of a defendant who is adjudged jointly and severally liable with other tortfeasors to recover from those other tortfeasors, amounts paid by the defendant in excess of the defendant’s share as determined by the percentage of fault assigned.
  • IndemnityRequired payment to an individual who has been held liable for the act of another and, as a result, suffered a loss without fault.

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