Paseman

Yamaha Motor Corporation, U.S.A. (Yamaha) appeals the trial court’s dismissal of its cross-complaint for equitable indemnity against Robert David Paseman and Carol Ann Paseman (the parents), whose adult son, David Paseman (David), is the plaintiff in the underlying action. Judgment of dismissal of Yamaha’s cross-complaint was rendered after the trial court sustained the parents’ demurrer without leave to amend.

In the underlying action, David is suing Yamaha for injuries he sustained while riding a seven-year-old moped owned by his parents. The complaint alleges the moped was defective and Yamaha is liable on the grounds of strict product liability, general negligence in design and manufacture of the moped and failure to warn. Yamaha’s cross-complaint for equitable indemnity alleges the parents negligently failed to maintain and repair the moped, thus contributing to or solely causing the injury to David.

Yamaha contends comparative fault principles may be applied to apportion fault between a strictly liable defendant and a negligent defendant and, therefore, it should be allowed to seek indemnity from the parents in proportion to their contribution to David’s injury.…