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In re Shigellosis Litigation6/18/2002
things). The district court did not err in refusing to grant JNOV on this issue.
C.
Horse & Hunt's third JNOV request challenges the jury's finding that Sunridge was not the manufacturer of the contaminated parsley. The jury found that the Mexican farm, Grupo Pas, was the manufacturer. For two reasons, we affirm the denial of JNOV on this issue.
First, we agree with the district court that the jury finding has a reasonable basis in fact. The evidence at trial demonstrated that Sunridge did not grow the parsley; it purchased the parsley and required that it be packaged in waxed cardboard boxes with Sunridge's brand name, "Coastline." The jury had sufficient evidence to conclude that Sunridge was not the manufacturer and did not exercise significant control over the growth or harvesting of the parsley.
Second, Horse & Hunt did not request a jury instruction defining the criteria for determining who manufactured the parsley. See Restatement (Third) of Torts, Products Liability § 14 (1998) (stating that one engaged in the business of selling who sells, as its own, a product manufactured by another is subject to the same liability as if it were the manufacturer). Indeed, the record reflects that, after deliberations had begun, the jury asked the district court for further guidance in identifying the manufacturer. The district court properly refused to use the procedural device of JNOV to remedy any failure to request an appropriate instruction.
IV.
Having determined that Bix's motion for summary judgment was prematurely granted and having dispensed with challenges to the jury verdict, the respective rights of the three sellers—Horse & Hunt, Sunridge, and Bix—remain unresolved. The jury verdict determined that both Horse & Hunt and Sunridge sold defective and unreasonably dangerous parsley. Neither has active fault or negligence, but both are liable to the consumers under principles of strict liability in tort.
We therefore remand for Horse & Hunt to proceed on its contribution claim against Bix to adjudicate whether Bix also sold the defective parsley. After adjudication on the issue of whether Bix is also strictly liable, Horse & Hunt can pursue an indemnity claim against the Mexican manufacturer, Grupo Pas, or move for reallocation of the 100% causal fault of Grupo Pas among the three passive sellers. See Minn. Stat. § 604.02, subd. 3 (2000) (providing that in claim arising from manufacturing or sale of product, uncollectible amounts shall be reallocated among all other persons in chain of manufacture and distribution).
After reallocation, Horse & Hunt may have a contribution claim against the other passive sellers for the reallocated fault of the manufacturer, Grupo Pas. This is consistent with equitable principles of contribution dictating that "persons under a common burden share that burden equitably." Spitzack v. Schumacher, 308 Minn. 143, 145, 241 N.W.2d 641, 643 (1970). By funding the arbitration awards, Horse & Hunt may have paid more than its fair share of this common liability. See City of Wilmar, 512 N.W.2d at 874.
DECISION
The district court erred in dismissing Bix through summary judgment under the seller's-exception statute. But the district court did not err in denying Horse & Hunt's motion for a new trial and JNOV. We remand for further proceedings against Bix.
Affirmed in part, reversed in part, and remanded.
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