This section contains the nature of the case and procedural background.

Donahue (D) plead guilty to a motor vehicle homicide that resulted from an allegedly defective floor mat that caused his power brakes to fail making his car race down his driveway hit a curb, become airborne and hit a fence and kill a child. The parents of the child, Slocum (P) filed a lawsuit against D. D then filed a third-party complaint against D2 for negligence and breach of warranties of merchantability and fitness for a particular purpose. Prior to the trial, P and D2 signed a settlement agreement for $150,000 in exchange for a release claim. D2 then moved for summary judgment on D's third party complaint. That complaint was dismissed, and D appealed.

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