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Palmer v. Caterpillar Tractor

Connecticut Superior Court, Judicial District of Hartford-New Britain at Hartford
Jun 25, 1991
1991 Ct. Sup. 5376 (Conn. Super. Ct. 1991)

Opinion

No. 325988

June 25, 1991.


MEMORANDUM OF DECISION


The common law principles of indemnification have been abrogated by Conn. Gen. Stat. 52-572o (e) in the area of product liability. Kyrtatas v. Stop Shop, Inc., 205 Conn. 694, 702 (1988). The court's holding in Kyrtatas is limited to the situation where all potential defendants are parties to the suit. Id. at 702 n. 2. It does not include the situation where a person is made a third party defendant by impleader pursuant to Conn. Practice Book Sec. 117 and Conn. Gen. Stat. 52-102a and 52-577a(b). Id.; see also Malerba v. Cessna Aircraft Co. 210 Conn. 189, 198 (1989) (where a claim for indemnification was allowed against an impleaded third party defendant).

It is found that both defendants in the present case are named defendants in the plaintiff's original action brought pursuant to Conn. Gen. Stat. 52-572m. It is therefore held that Kyrtatas v. Stop Shop, Inc., 205 Conn. 694 (1988) is the controlling authority and that the defendant Caterpillar Tractor Company's motion to strike the defendant Robert F. Swift's cross-claim is accordingly granted.

STENGEL, J.


Summaries of

Palmer v. Caterpillar Tractor

Connecticut Superior Court, Judicial District of Hartford-New Britain at Hartford
Jun 25, 1991
1991 Ct. Sup. 5376 (Conn. Super. Ct. 1991)
Case details for

Palmer v. Caterpillar Tractor

Case Details

Full title:THOMAS P. PALMER v. CATERPILLAR TRACTOR, ET AL

Court:Connecticut Superior Court, Judicial District of Hartford-New Britain at Hartford

Date published: Jun 25, 1991

Citations

1991 Ct. Sup. 5376 (Conn. Super. Ct. 1991)

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