· 6/6/1994
FIRST GEN. SERV. OF CHARLESTON v. Miller
Citations
- 445 S.E.2d 446
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming the dismissal of an action for contribution where the plaintiff had not made any payment since the \right to contribution does not arise prior to payment\
- finding relationship between contractor and subcontractor sufficient basis for claim of equitable indemnity
- defendant’s mere allegations in counterclaim as to negligence of plaintiff may not defeat plaintiffs right to claim derivative liability
- “The outcome of the principal claim must impact the third-party defendant’s liability; however, no right exists to implead a third-party defendant who is directly liable to the plaintiff.”
- “We hold that the relationship of contractor/subcontractor is a sufficient basis to support a claim of equitable indemnity.” (citations omitted)
- “Indemnity is that form of compensation in which a first party is liable to pay second party for a loss or damage the second party incurs to a third party.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Chandler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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