Carnes v. Heimrod

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• distinguishing cases that allowed a retailer to be indemnified for his own attorney fees where the manufacturer’s product was found to be defective
• describing indemnity as applying where “one who is primarily liable is required to reimburse another who has discharged a liability for which that other is only secondarily liable”
• but found that it did not apply in that case due to the fact that the manufacturer had been found non-negligent
• also noting that -4- indemnification requires the primarily liable party to reimburse another who has discharged a liability for which that other is only secondarily liable
• “The concept of indemnity embraces aspects of primary and secondary liability. Indemnification occurs when one who is primarily liable is required to reimburse another who has discharged a liability for which that other is only secondarily liable.”
• “[A] contractual provision between the parties may shift costs of presenting a defense from one party to another – the parties have the ability to contractually require one codefendant either to supply the other’s defense or to reimburse the other for attorney fees expended.”

Source: CourtListener parenthetical corpus (CC0).