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KYRTATAS v. STOP & SHOP, INC.

(13164)

205 Conn. 694 (1988)

SOCRATES KYRTATAS ET AL. v. STOP & SHOP, INC., ET AL.

Supreme Court of Connecticut.

Decision released January 5, 1988.

Attorney(s) appearing for the Case

James R. Hawkins, with whom was Edward V. O'Hanlan, for the appellant (defendant Shield Packaging Company, Inc.).

Kevin M. Tepas, with whom was Ann Marie W. Vetrosky, for the appellee (named defendant).

PETERS, C. J., HEALEY, SHEA, COVELLO and HULL, JS.

SHEA, J.

The dispositive issue in this appeal is whether common law indemnity principles based on the concept of active versus passive liability apply in the context of a statutory product liability action. We conclude that these principles do not apply in this area and find error. We set aside the judgment for the named defendant, Stop & Shop, Inc. (Stop & Shop), on its cross complaint for indemnification from the defendant Shield Packaging Company, Inc....

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