 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Maurmann v. Del Morrow COnstruction6/12/2002
bar the claim for indemnity. The question would remain whether plaintiff's negligence was passive and defendant's was active, in relation to each other. Because that issue has not yet been litigated, plaintiff has pleaded sufficient facts to state a claim for indemnity." Id. at 199 (emphasis in original).
Irwin Yacht Sales is closely analogous to this case. Here, as in Irwin Yacht Sales, there was a prior jury apportionment of fault with respect to liability for jointly caused injury to a third party. Here, as in that case, the jury was not asked to determine questions of "active" versus "passive" fault or "primary" versus "secondary" responsibility--indeed, before the case was submitted to the jury, the parties stipulated that the court would decide the indemnity claim. Here, as in Irwin Yacht Sales, the nature of the parties' pleading and proof is not such that the jury's determination that the putative indemnitee was comparatively negligent necessarily connotes a finding of "active" or "primary" negligence. Thus, here, as in that case, the defendant indemnitor cannot show that the jury's previous verdict necessarily rested on a finding of fact that would preclude recovery of indemnity.
In sum, neither Irwin Yacht Sales nor Scott supports North Santiam's position. We thus conclude that the jury's prior allocation of comparative fault was not preclusive and, consequently, that the trial court did not err in rendering judgment in favor of Del Morrow on its claim for common-law indemnity.
Affirmed.
Page 1 2 3 4 5 6 7 Oregon Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|