DiGregorio v. Champlain Valley Fruit Co.
Supreme Court of Vermont
255 A.2d 183 (1969)
Relevant factsFree
After a consumer was injured by a glass thermometer inside a banana and settled her products-liability suit against both retailer Quality Mart (plaintiff, through its owners the DiGregorios) and wholesaler Champlain (defendant), with Quality Mart paying $300 and Champlain paying $1,200, Quality Mart separately sued Champlain to recover its own settlement payment, and the trial court ruled for Quality Mart.
IssueFree
Whether the fact that an injured consumer had a right of action for products liability against either the wholesaler or retailer, or both, of a defective product disrupts the retailer's right of contribution against the wholesaler.