Supreme Court of New Hampshire June 6, 2003, No. 2002-110 (Smart v. American Welding & Tank Co.)

Broderick, J.

Defendant American Welding and Tank Company, Inc. (American) appeals from an order of the Superior Court (Burling, J.) denying its motion for summary judgment on the contribution claim of the *537co-defendant, Thom’s Transport Company, Inc. (TTC). We reverse and remand.

Viewing the evidence in the light most favorable to the nonmoving party, the trial court found the following facts.