Bracket

The instant appeal is from judgment in an action for comparative equitable indemnity. The factual background may be summarized as follows.

Larry Edward Spencer sustained serious injuries when a motor vehicle which he was driving on State Route 17 in Santa Clara County collided headon with a truck driven by James Gardner. The accident was precipitated by an unsafe lane change made by respondent George Bracket, who at the time was driving a vehicle owned by respondent House of Lamps, which caused Gardner to swerve his truck across the center line of the highway and collide with Spencer’s oncoming car.

Spencer filed suit for his personal injuries against Gardner and respondents. Gardner settled with Spencer before trial for the full amount of his insurance coverage, $350,000. The action then proceeded to trial, and the jury awarded Spencer $2.5 million. Respondents satisfied the remainder of the judgment by paying Spencer $2.15 million. Appellant was not a party to Spencer’s action for personal injuries.

Respondents subsequently commenced an action against the State of California (hereafter the state or appellant) for comparative equitable indemnity, alleging that…