BERVOETS V. HARDE RALLS PONTIAC-OLDS, INC.891 S.W.2d 905 (1994) CASE BRIEF

BERVOETS V. HARDE RALLS PONTIAC-OLDS, INC.

891 S.W.2d 905 (1994)

NATURE OF THE CASE: Adanac, Inc. (D) appeals the Court of Appeals denying its motion to dismiss and requiring the contribution action brought against it by Safeco Insurance Company (D) to be tried under the principles of the Uniform Contribution Among Tortfeasors Act instead of the principles of comparative fault.

FACTS: Jackson (D), after consuming alcoholic beverages at Adanac's (D) restaurant, wrecked his car. Bervoets (P) was a passenger who suffered severe and permanent injuries. P brought a negligence action against Jackson (D) and his parents. Jackson's (D) insuror, Safeco (D), filed a third party complaint against Adanac (D), alleging that because Jackson (D) was a minor for the purpose of purchasing alcoholic beverages at the time of the accident, Adanac (D) was guilty of negligence per se for serving the alcoholic beverages to him, and that this negligence proximately caused P's injuries. Jackson (D) and Safeco (D) entered into a settlement with P in the amount of $1,250,000. Safeco (D) then pursued its third party complaint in contribution under the UCATA against Adanac (D). Eventually after two trials, Safeco (D) alleged that Adanac (D) was liable to it on theories of contribution and common law indemnity. Adanac (D) filed a motion to dismiss the complaint; and the trial court granted the motion as to the common law indemnity claim but denied it as to the contribution claim. Adanac (D) and the Court of Appeals affirmed holding that the contribution claim was to be determined with reference to the principles of the Uniform Contribution Among Tortfeasors Act. This appeal resulted.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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