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SCOTT v. FRUEHAUF CORPORATION8/6/1990
oint tortfeasors. Stuck v. Pioneer Logging Machinery, Inc., 279 S.C. 22, 301 S.E.2d 552 (1983); Atlantic Coast Line R.R. v. Whetstone, 243 S.C. 61, We hold common law indemnification does not apply among joint tortfeasors in strict liability. See Promaulayko v. Amtorg Trading Corp., 224 N.J. Super. 391, 540 A.2d 893 (1988). This same principle requires reversal of the trial judge's ruling allowing indemnification for costs and attorney fees. Addy v. Bolton, 257 S.C. 28, 183 S.E.2d 708 (1971); JKT Co. v. Hardwick, 284 S.C. 10, 325 S.E.2d 329 (Ct. App. 1984).
Further, since both Fruehauf and Piedmont are jointly liable for actual damages, each is entitled to benefit from the set-off for the $675,000 Firestone settlement. Powers v. Temple, 250 S.C. 149, 156 S.E.2d 759 (1967). We therefore reverse the trial judge's ruling that the set-off be allowed only to reduce the punitive damages award and hold the $675,000 reduction shall apply to the $1,125,000 award for actual damages.
Appellants' remaining exceptions are disposed of pursuant to Supreme Court Rule 23.
Accordingly, the judgment of the circuit court is
Affirmed in part; reversed in part.
HARWELL, CHANDLER and FINNEY, JJ., concur.
TOAL, J., disqualified.
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