California Court of Appeal

In an cross-complaint seeking indemnity in a suit brought by plaintiff who suffered injuries attempting to dislodge his kite from cross-defendant's power line on defendant's property, summary judgment for cross-defendant is reversed, as: 1) defendant can sue cross-defendant for indemnity even though cross-defendant is not liable to plaintiff; and 2) equitable considerations support the conclusion that cross-defendant's statutory immunity from suit by plaintiff does not preclude defendant's cross-complaint for implied contractual indemnity.

Appellate Information

• Decided 11/29/2006
• Published 11/29/2006

Judges

Court

• California Court of Appeal

Counsel