Cartel Capital Corp. v. Fireco Of New Jersey

410 A.2d 674 (1980)

Facts

Country Burger (P) had a fire extinguishing system manufactured by Ansul installed at its place of business. A fire occurred, and the system failed to put it out. The servicer of the system, Fireco, was found to be negligent and Ansul's equipment was found to be defective. Fault was awarded as follows by the jury. P-41%, Ansul-29%, and Fireco-30%. The total damages were found to be $113,400. Ansul had settled with P for $50,000. P's claim against Ansul and Fireco's (D) cross claim for contribution and indemnity were dismissed. Both appealed. P's contributory negligence was dismissed, and the claim against Ansul for contribution remained.