SLOCUM V. DONAHUE
693 N.E.2d 179 (1998)
NATURE OF THE CASE: Slocum (P) signed a settlement agreement with Ford (D2), third-party
defendant, and D2 then filed a motion for summary judgment as to Donahue's (D) claims of
negligence and breach of warranty. The trial court granted summary judgment in favor of D2,
and D appealed.
FACTS: Donahue (D) plead guilty to a motor vehicle homicide that resulted from an
allegedly defective floor mat that caused his power brakes to fail making his car race down
his driveway hit a curb, become airborne and hit a fence and kill a child. The parents of
the child, Slocum (P) filed a lawsuit against D. D then filed a third party complaint
against D2 for negligence and for breach of warranties of merchantability and fitness for a
particular purpose. Prior to the trial, P and D2 signed a settlement agreement for $150,000
in exchange for a release claim. D2 then moved for summary judgment on D's third party
complaint. That complaint was dismissed and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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