The moving defendants brought a summary judgment motion seeking dismissal of the plaintiff’s reliance on the Negligence Act and a declaration that their liability was several rather than joint, following a partial settlement (Mary Carter) agreement between the plaintiff and a co-defendant boat operator.
The agreement capped the settling defendant’s liability and required the plaintiff to indemnify and hold that defendant harmless.
The moving defendants argued that the agreement altered the legal relationships among the parties and eliminated joint liability.
The court held that the agreement did not change the substantive liability framework and did not convert potential joint liability into several liability for the non-settling defendants.
The motion was dismissed.
