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PROMAULAYKO v. JOHNS MANVILLE SALES CORP.

116 N.J. 505 (1989)

562 A.2d 202

MARIE PROMAULAYKO, AS ADMINISTRATRIX AND ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF JOHN PROMAULAYKO, PLAINTIFF, v. JOHNS MANVILLE SALES CORPORATION, JOHNS MANVILLE SALES CORPORATION, SUCCESSOR TO AND IN LIEU OF JOHNS MANVILLE PRODUCTS CORPORATION; JOHNS MANVILLE CANADA, INC., FORMERLY KNOWN AS CANADIAN JOHNS MANVILLE CO., LTD., CANADIAN JOHNS MANVILLE AMIANTE LTD., FORMERLY CANADIAN JOHNS MANVILLE ASBESTOS LTD.; JOHNS MANVILLE CORPORATION; JOHN DOE TRADE ASSOCIATION; JOHN DOE CORPORATION; ASBESTOS CORPORATION LTD.; YORK INDUSTRIES; CELOTEX CORP.; CAPE ASBESTOS LTD.; NORTH AMERICAN ASBESTOS CORP.; NATIONAL GYPSUM; VERMONT ASBESTOS GROUP; A.N. DERINGER INC.; CARY CANADIAN MINES; KENNETH SMITH, M.D.; AND THE ASSOCIATED ORE AND METAL CORPORATION LTD., DEFENDANTS, v. LEONARD J. BUCK, INC., DEFENDANT, CROSS-CLAIMANT-RESPONDENT, AND AMTORG TRADING CORPORATION, DEFENDANT, CROSS-CLAIMANT-APPELLANT.

The Supreme Court of New Jersey.

Decided August 8, 1989.

Attorney(s) appearing for the Case

John C. Kennedy argued the cause for appellant (O'Donnell, Kennedy, Vespole & Piechta, attorneys; Francis J. Panzini-Romeo, on the brief).

Arthur D. Bromberg argued the cause for respondent (Budd, Larner, Gross, Picillo, Rosenbaum, Greenberg & Sade, attorneys; Richard D. Picini, on the brief).

The opinion of the Court was delivered by POLLOCK, J.

The sole issue on this appeal is whether an intermediate distributor in a chain of distribution should indemnify the ultimate distributor when both are strictly liable in tort to the injured plaintiff. The Law Division granted indemnification to the ultimate distributor, but the Appellate Division reversed, 224 N.J.Super. 391 (1988). We granted certification,

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