 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Diamond Surface8/17/1998
third-party plaintiffs would not overlap in an award of damages.
We therefore reverse the district court's dismissal of Diamond Surface's claim for contractual indemnity. However, we affirm the district court's dismissal of Diamond Surface's independent claim for negligence, as this is a necessary element of the indemnity claim and therefore subsumed therein. The third-party claim for equitable implied indemnity was also properly dismissed as indemnity is expressly provided for in the contract between the parties and its parameters are derived from the specific language of the contract. Schneider Nat., Inc., 843 P.2d at 573.
V. CONCLUSION
The language of the Wyoming Underground Facilities Notification Act does not contain a direct waiver of sovereign immunity, and therefore, in the absence of any waiver pursuant to the Wyoming Governmental Claims Act, the State is immune from suit. Consequently, we reverse the district court's denial of summary judgment and remand for entry of judgment in favor of the State in Case No. 97-21.
We affirm the district court's dismissal of the third-party claims for negligence and equitable implied indemnity in Case No. 97-52. However, the third-party claim for contractual indemnity, on its face, asserts a viable claim for indemnity for the negligent breach of the duty owed by Brasel & Sims to Diamond Surface. We reverse the dismissal of the third-party claim for express contractual indemnity and remand for disposition in accordance with this opinion.
Page 1 2 3 4 5 6 7 Wyoming Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|