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05/17/76 HUNT v. CHRYSLER CORPORATION

May 17, 1976

HUNT
v.
CHRYSLER CORPORATION



Appeal from Wayne, Thomas J. Foley, J.

Leave to appeal applied for.

Bronson, P. J., and R. B. Burns and D. E. Holbrook, Jr., JJ.

SYLLABUS BY THE COURT

1. Torts -- Joint Tortfeasors -- Release -- Statutes -- Intentional Torts -- Non-intentional Torts.

The statute which allows a plaintiff to sue one joint tortfeasor even after releasing other joint tortfeasors from liability applies equally to intentional and non-intentional joint tortfeasors who fall within the statute (MCLA 600.2925[2]; MSA 27A.2925[2]).

2. Torts -- Joint Tortfeasors -- Contribution -- Statutes -- Common Law -- Intentional Torts.

There is a statutory right to contribution among all joint tortfeasors, and where the statute does not apply there is a common-law right of contribution among unintentional wrongdoers and a common-law prohibition of contribution among intentional tortfeasors (MCLA 600.2925[1]; MSA 27A.2925[1]).

3. Torts -- Conspiratorial Torts -- Joint Torts.

A conspiratorial tort is the oldest form of a joint tort.

4. Torts -- Covenant Not to Sue -- Dismissal With Prejudice -- Joint Tortfeasors.

A covenant not to sue certain defendant tortfeasors and dismissal from the action of those defendants with prejudice does not prevent continuation of the suit against a remaining defendant tortfeasor.

The opinion of the court was delivered by: Bronson

Complaint by L.B. Hunt against Chrysler Corporation seeking equitable relief and compensation for damages arising from a fraudulent stock transaction. Judgment for defendant. Plaintiff appeals.

We must determine if present plaintiff has a right to continue his lawsuit against defendant, Chrysler Corporation, after plaintiff has released from liability four other defendants and they have ...


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