Safeway Stores, Inc. v. Nest-Kar

579 P.2D 441 (1978)

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Nature of the Case

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Facts

Rita Elliot (P) was injured in a Safeway supermarket when the shopping cart she was using broke and fell on her foot, causing serious injuries requiring surgery. P sued Safeway, Nest-Kart, and Technibilt Corporation alleging that the various defendants were liable for her injuries under both strict product liability and negligence principles. Ds alleged P's own negligence was a proximate cause of the accident. P and Technibilt were absolved of liability and Safeway and Nest-Kart were found liable for $25,000. The trial court directed the jury to make 'special findings' indicating first, upon what theory, if any, each defendant was found liable, and second, what proportion of 'fault' for the injuries was attributable to each defendant found liable. In response, the jury indicated that Safeway's liability rested on both negligence and strict liability principles, that Nest-Kart's liability was grounded solely on strict liability principles and that Safeway's comparative fault for the accident was 80 percent and Nest-Kart's was 20 percent. After satisfaction of the judgment, Safeway moved for contribution from Nest-Kart for an additional 30% to achieve a 50-50 apportionment between the two tortfeasors. That motion was granted, and Nest-Kart appealed.