Lopez

Cross-complainant Guadalupe Lopez (Lopez) appeals summary judgment discharging cross-defendants Kenneth M. Blecher and his wife from further liability (indemnification) to Lopez upon the grounds of a good faith settlement made with John Joseph, plaintiff in the underlying negligence suit.

The original tort action arose out of an automobile accident occurring November 24, 1978, on Interstate 5 in North San Diego County. Blecher was northbound on Interstate 5 when he came upon an overturned Ford van. Blecher’s vehicle struck the overturned van with its left front comer, then veered to the right and struck John Joseph, a good Samaritan who had stopped to render aid. Miguel Gonzalez was the driver of the van. The registered co-owners of the overturned van were Lopez and her nephew Robert Lopez. Robert Lopez, a passenger in the overturned van, was killed in the accident.

Joseph filed a complaint for personal injuries against Blecher and Robert and Guadalupe Lopez. Joseph’s complaint contained a single cause of action for negligence and prayed for general damages of $2 million and special damages of $2 million. Lopez cross-complained against Blecher for “indemnity.”

On…