Wysong & Miles Co. v. Western Industrial Movers

Summary of Appeal

Appellant, Wysong & Miles Company (hereinafter referred to as appellant or as Wysong & Miles) appeals from the judgment of the superior court entered pursuant to an order granting summary judgment to respondent, Western Industrial Movers (hereinafter referred to as Movers) on the cross-complaint by Wysong & Miles for equitable indemnity and/or contribution. The grant of summary judgment was predicated on the trial court’s earlier finding that a settlement by Movers with the plaintiffs Richard and Anna Leverton was made in “good faith,” pursuant to Code of Civil Procedure section 877.6. For the reasons indicated in this opinion, we conclude that there is substantial evidence to support the trial court’s determination that the settlement was made in “good faith” pursuant to section 877.6. Accordingly, the summary judgment entered subsequent thereto was proper.

Statement of Facts and Proceedings Below

Plaintiff Richard Leverton was injured when he was struck by a metal object while operating a press brake for his employer, Metal Working Machinery, Inc. (hereinafter referred to as Metal). According to Metal’s president, Harry Skillman, Movers had been…