The moving party, who was found vicariously liable for 40% of the plaintiffs' damages in a motor vehicle accident, brought a motion for judgment on its cross-claim against the responding parties, who were found 60% liable.
The responding parties had previously settled with the plaintiffs for their policy limits but were not released from cross-claims.
The moving party paid the balance of the plaintiffs' damages and costs, exceeding its 40% share, and sought contribution and indemnity under s. 1 of the Negligence Act.
The responding parties argued that s. 1 did not apply because the moving party was only vicariously liable and not at fault.
The court rejected this argument, holding that s. 1 applies to vicariously liable parties to ensure fair allocation of financial responsibility.
The moving party was granted judgment for the excess damages and a portion of the costs it paid.
