Modular Building Consultants of W. Va., Inc. v. Poerio, Inc. (Signed Opinion)
Annotate this CaseJarrett Smith was injured when his vehicle collided with a truck owned by Modular Building Consultants of West Virginia, Inc. and operated by Billy Joe McLaughlin. Prior to the collision, McLaughlin had arrived at a job site to retrieve a Modular storage container being leased and utilized by Poerio, Inc. Smith filed suit against Modular, alleging negligence. Modular brought a third-party complaint against Poerio, seeking contribution and indemnification pursuant to the lease agreement. Before trial, Modular settled with Smith. Trial as to Modular’s third-party complaint proceeded. A jury found that Poerio did not breach the lease agreement but found that Poerio, Modular, and Smith were all comparatively negligent. The circuit court subsequently entered judgment in Poerio’s favor on its contribution claim. The Supreme Court affirmed, holding (1) the jury’s finding that Poerio was negligent was not inconsistent with its finding that Poerio did not breach the lease agreement; (2) the circuit court erred in ruling that Modular’s contribution claim was extinguished by its good faith settlement with Smith as a matter of law; but (3) the jury’s verdict was neither inconsistent nor impermissibly considered the comparative fault of Smith.
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