Mullin Lumber Co. v. Chandler

The issue in this appeal is whether a settling defendant must prove its own liability to the plaintiff in order to recover from concurrent tortfeasors in an action for equitable indemnity. We have concluded such a requirement would undermine the important public policies of maximizing recovery to the injured party, encouraging settlements and apportioning liability according to fault while advancing no legitimate interests of the alleged tortfeasors who did not settle. Therefore we reverse the judgment of nonsuit against Mullin Lumber Company in its action for equitable indemnity from Arne Chandler.

Facts and Proceedings Below

Timothy Burton was a carpenter engaged in building a house for respondent Chandler. On the day of his injury, Burton was standing on scaffolding built from lumber purchased for the construction of the house. One of the scaffolding boards broke and Burton fell. Burton hit his head on a concrete slab and fractured his skull. He suffered extensive, irreversible brain damage which left him confined to a wheelchair. Burton was 23 years of age at the time of the accident.

Burton sued appellant, Mullin Lumber Company, on the theory of strict liability.…