Coca-Cola Bottling Co. v. Lucky Stores, Inc.

In this case we hold that when one of two or more tortfeasors satisfies a judgment entered jointly against both, and without apportionment of fault between them, such tortfeasor is entitled to seek statutory contribution even though a claim for equitable indemnity had been previously denied.

Lucky Stores, Inc. (Lucky) appeals from a summary judgment entered in favor of the Coca-Cola Bottling Company (Coca-Cola) on the latter’s complaint for contribution arising from Coca-Cola’s satisfaction of a tort judgment previously entered against both companies in an underlying action entitled Shore v. Lucky Stores, Inc. (Super. Ct. L. A. County, 1985, No. WEC98107) (herein the Shore action).

Factual and Procedural Background

On November 23, 1984, one David Shore sustained injuries when the motorcycle he was riding was struck by another motor vehicle. This occurred on a street adjacent to the parking lot of a food market owned and operated by Lucky. At the request of one of Lucky’s employees, a delivery driver for Coca-Cola illegally parked his truck in a red zone on a public street. Parked in such a manner, the truck obscured the visibility of the motorist who could not see…