Power Tool & Supply Co. v. Lakeside Chevrolet Co.

Cross-complainants Power Tool & Supply Company (Power Tool) and John A. Zettel (Zettel) appeal from the summary judgment in favor of Lakeside Chevrolet Company (Lakeside). That summary judgment resulted in the dismissal of Power Tool and Zettel’s cross-complaint for indemnification against Lakeside.

Facts

Sharon Berry and David Valdez Gutierrez filed a complaint against Power Tool, Zettel and Fruehauf Distributing Corp. (Freuhauf) for negligence and strict liability. In summary, that complaint sought recovery for injuries sus tained when a vehicle occupied by plaintiffs was struck by a trailer that had broken away from a vehicle owned by Power Tool and operated by Zettel.

Power Tool and Zettel cross-complained for indemnity initially against Fruehauf, the alleged manufacturer of the errant trailer, but later amended to include Lakeside as a cross-defendant. Freuhauf in turn cross-complained for indemnification against Lakeside. Lakeside then noticed a motion for summary judgment against both cross-complainants on their cross-complaints. The court granted the motion as to Fruehauf but denied it as to Power Tool and Zettel. Fruehauf appealed this ruling.

In Fruehauf…