Cartel Capital Corporation v. Fireco of New Jersey
New Jersey Supreme Court
410 A.2d 674 (1980)
After a fire caused by a grease buildup was not properly contained due to a failed extinguishing system, Country Burger (plaintiff) sued the system's manufacturer, Ansul, and its servicer, Fireco (defendants), obtaining a jury verdict of $113,400 with fault allocated 41% to Country Burger, 30% to Ansul, and 29% to Fireco; before the verdict, Ansul had already settled with Country Burger for $50,000, less than its ultimate jury-determined share. The trial court dismissed Fireco's contribution cross-claim against Ansul.
Whether a joint tortfeasor that settles with the plaintiff for less than its jury-determined percentage of fault remains liable for contribution to a non-settling codefendant for the shortfall.