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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.