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CENTRAL MOTOR v. E.I. duPONT deNEMOURS & COMPANY

251 N.J. Super. 5 (1991)

596 A.2d 759

CENTRAL MOTOR PARTS CORPORATION, PLAINTIFF-APPELLANT, v. E.I. DUPONT DENEMOURS & COMPANY, INC., AND INMONT CORPORATION, (A/K/A INMONT DIVISION OF BASF CORPORATION), DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 15, 1991.

Attorney(s) appearing for the Case

Mitchell S. Berman argued the cause for appellant (Eisenstat, Gabage & Berman, attorneys, Mitchell Berman on the brief).

Susan Scott argued the cause for respondent E.I. duPont deNemours & Company, Inc. (Riker, Danzig, Scherer, Hyland & Perretti, attorneys, Susan Scott of counsel, Susan Scott and Pamela P. Warnement on the brief).

Peter R. Freed argued the cause for respondent BASF Corporation, Coating and Inks Division (Smith, Stratton, Wise, Heher & Brennan, attorneys, Peter R. Freed of counsel and Peter R. Freed and Christina W. Strong on the brief).

Before Judges KING, R.S. COHEN and STERN.

The opinion of the court was delivered by COHEN, R.S., J.A.D.

The Law Division held that plaintiff was not entitled to indemnification from settling co-defendants in a personal injury action for the amount of its own later settlement with the injured party. The basis of the decision was that the claims that plaintiff, a paint distributor, paid to settle were based on charges of its own independent fault, and not charges...

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