Digregorio v. Champlain Valley Fruit Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• adopting “reasonable settlement” requirement in context of indemnity claim by retailer against wholesaler for damages to consumer injured by banana with thermometer in it
• indemnity permitted where parties not in equal fault and plaintiffs entitled to rely on defendant’s warranty to them
• in applying the law of indemnity, \[w]hether the original action was brought in contract or tort is of no consequence\
• in applying the law of indemnity, “[w]hether the original action was brought in contract or tort is of no consequence”
• banana contained a glass fruit thermometer, or fragments of the thermometer, which had been inserted by the wholesaler and caused injury to the plaintiff
• retailer of defective fruit entitled to indemnity from wholesaler

Source: CourtListener parenthetical corpus (CC0).