TARGET STORES v. AUTOMATED MAINTENANCE SERV.

Civ. No. 920108.

492 N.W.2d 899 (1992)

TARGET STORES, A DIVISION OF DAYTON HUDSON CORPORATION, a Minnesota corporation, Plaintiff and Appellee, v. AUTOMATED MAINTENANCE SERVICES, INC., a North Dakota corporation, Defendant, Third-Party Plaintiff and Appellee, v. BEHM'S PROPANE, INC., Third-Party Defendant, and Pioneer/Eclipse Corporation, Third-Party Defendant and Appellant.

Supreme Court of North Dakota.

November 24, 1992.


Attorney(s) appearing for the Case

Robins, Kaplan, Miller & Ciresi, Chicago, Ill., for plaintiff and appellee Target Stores; argued by Thomas G. Mattson. Appearance by David A. Engen.

Christian A. Preus (argued), Minneapolis, Minn., for defendant, third-party plaintiff and appellee Automated Maintenance Services, Inc.

Jeffries, Olson & Flom, Moorhead, Minn., for third-party defendant and appellant Pioneer/Eclipse Corp., argued by Joel A. Flom.


MESCHKE, Justice.

To answer a certified question of law, we clarify the current status of the law of contribution between concurrent tort-feasors who have not acted in concert. Because, without concerted action, liability of each tort-feasor is now several rather than joint, we conclude that, currently, a sued tort-feasor cannot maintain a third-party claim for contribution against a tort-feasor not sued by the injured claimant.

Pursuant to NDRAppP 47, the...

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