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Promaulayko v. Johns Manville Sales Corporation

Supreme Court of New Jersey

562 A.2d 202 (1989)

Relevant factsFree

Promaulayko died of asbestosis from unwarned asbestos he handled at work; the asbestos had passed from Soviet manufacturers through Amtorg (defendant), a trade-promotion entity staffed by Soviet citizens with direct manufacturer ties, to distributor Buck (defendant), and then to Promaulayko's employer, though neither Buck nor Amtorg ever physically possessed the asbestos. After a jury found all the relevant asbestos came through Amtorg, the trial court granted Buck indemnification from Amtorg, but the appellate court reversed, holding indemnification could run only against the original manufacturer, not an intermediate distributor; Buck appealed.

IssueFree

Whether an intermediate distributor in a product's chain of distribution must indemnify the ultimate distributor when both are strictly liable in tort to the injured plaintiff.

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