Foundation v. Fred's Inc.

Syllabus

In this civil matter, Tippins-Polk Construction, Inc. (Tippins Polk) appeals the circuit court's order entering judgment in favor of Fred's, Inc. (Fred's) and Wildevco, LLC (Wildevco) on Fred's and Wildevco's equitable indemnification claims asserted against Tippins-Polk. Fred's and Wildevco each brought equitable indemnification claims against Tippins-Polk for the cost of settling an underlying lawsuit brought against Fred's and Wildevco as a result of Tippins-Polk's alleged faulty construction of a Fred's store. On appeal, Tippins-Polk argues the circuit court erred in (1) finding a sufficient special relationship existed between Fred's and Tippins-Polk to support a claim for equitable indemnification (2) finding Fred's and Wildevco were without fault in the underlying lawsuit (3) awarding Fred's and Wildevco damages not requested in their pleadings (4) awarding attorney's fees to Fred's and Wildevco for defending the underlying lawsuit and prosecuting the equitable indemnification action against Tippins-Polk and (5) refusing to consider evidence of a similar incident at a Fred's store in another county. We affirm in part and reverse in part.