Widson

Plaintiff James K. Widson was seriously injured in a job site accident when a payscraper (a massive earth moving machine) manufactured and owned by International Harvester Company, Inc. (Harvester), backed over him. At the time, Widson was employed by defendant James McDowell Corporation (McDowell) and was working on a school construction site on which Louetto Construction, Inc. (Louetto), was the general contractor. McDowell had leased the payscraper from Harvester.

This set of facts precipitated several interrelated claims, lawsuits and cross-actions. Widson sued Harvester for injuries based upon both product defect and negligence theories. Argonaut Insurance Company (Argonaut), the workers’ compensation carrier for Widson’s employer McDowell, filed a complaint in intervention against Harvester. Harvester asserted a Witt v. Jackson ( 57 Cal.2d 57 [ 17 Cal.Rptr. 369 , 366 P.2d 641 ]) defense against this cross-action. Harvester also filed a cross-complaint for express indemnity, based upon the terms of its lease, against employer McDowell and for equitable indemnity against Louetto. Louetto in turn cross-complained against McDowell based upon an express indemnity…