(Download) "Sears, Roebuck & Co. v. International Harvester Co." by Second Appellate District, Division One Court of Appeal of California # eBook PDF Kindle ePub Free
eBook details
- Title: Sears, Roebuck & Co. v. International Harvester Co.
- Author : Second Appellate District, Division One Court of Appeal of California
- Release Date : January 30, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
In Li v. Yellow Cab Co. (1975) 13 Cal. 3d 804 [119 Cal. Rptr. 858, 532 P.2d 1226, 78 A.L.R.3d 393], the California Supreme Court replaced the doctrine of contributory negligence, incorporated in the California statutes since the Field Code, with the principle of "pure" comparative negligence. (13 Cal. 3d at pp. 814, 827.) In American Motorcycle Assn. v. Superior Court (1978) 20 Cal. 3d 578 [146 Cal. Rptr. 182, 578 P.2d 899], the California high court explicated the application of the Li principle to the multi-party situation retaining the rule of joint liability of concurrent tortfeasors to the injured party but adopting the doctrine of equitable partial indemnity among concurrent tortfeasors on the basis of their comparative fault. (20 Cal. 3d at pp. 598-599.) In Safeway Stores v. Nest-Kart (1978) 21 Cal. 3d 322 [146 Cal. Rptr. 550, 579 P.2d 441], the Supreme Court extended the doctrine of equitable partial indemnity to the situation of concurrent tortfeasors held liable on the theory of products liability or on a combination of strict products liability and negligence. This appeal presents an issue not considered in Li, American Motorcycle, or Safeway. We are required to decide whether a settling concurrent tortfeasor may continue to pursue his right of partial indemnity asserted by a presettlement cross-complaint against a party not named by the plaintiff.
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