The long-recognized common law equitable indemnity doctrine should be modified to permit, in appropriate cases, a right of partial indemnity under which liability among multiple tortfeasors may be apportioned on a comparative negligence basis.
Plaintiff was injured at a motorcycle race, and sued defendant, the organizer of the race, for his injuries. Defendant sought to file a cross-claim against plaintiff's parents for their comparative negligence in allowing their child to participate in the race, and to mitigate defendant's culpability comparatively.
Should defendant be able to file a cross-claim against another tortfeasor who contributed to the injury for which the original tortfeasor is being sued?
Defendant was granted leave to file a cross-claim against the parents, or any other party whom the defendant was seeking indemnity for the damages for which plaintiff was suing defendant.