City of Wilkes-Barre v. KAMINSKI BROTHERS

How courts have described this case

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

• noting that indemnification “is a common law equitable remedy that shifts the entire responsibility for damages from a party who, without any fault, has been required to pay because of a legal relationship to the party at fault”
• “Common law indemnity is not a fault-sharing mechanism that allows a party, whose negligence was minor, to recover from the tort-feasor whose negligence was dominant.”
• indemnity shifts responsibility from a party held liable to the party whose conduct actually caused the loss
• “Where a landowner employs an independent contractor to do construction, there is authority for the view that the landowner’s duty of care is not delegable and that the landowner and the contractor both have liability exposure.”

Source: CourtListener parenthetical corpus (CC0).