Teresinski

Victor Teresinski, individually and doing business as Vic’s Auto Sales (collectively Vic’s), appeals from the summary judgment entered in favor of White Motor Corporation (White) on its cross-complaint for equitable indemnity. White appeals from the trial court’s order denying its request for attorney’s fees. We reverse the judgment and dismiss White’s appeal as moot.

Background

The underlying facts giving rise to this action are as follows: On October 9, 1980, Ronna Miller rode as a passenger in a friend’s Ford Mustang automobile. The friend, who had been drinking alcohol, took part in a drag race against another vehicle. The race ended when the Mustang collided with a garbage truck. Miller was seriously injured.

On June 3, 1981, Frank Lassise, individually, and Carolyn Lassise, individually and as guardian ad litem for Miller (collectively plaintiffs), filed an action for personal injuries against, inter alia, Southern California White Trucks (Southern California), the retailer of the garbage truck; White, the manufacturer of the garbage truck cab and chassis; Maxon Industries, Inc. (Maxon), the fabricator of the garbage truck; and Vic’s, the seller of the…