Freightliner Corp. v. Rockwell-Standard Corp.

The case out of which this action arose (Bradford v. Mitchell Brothers Truck Lines, nonpublished opinion, Court of Appeal, First District, Civ. No. 21836, February 9, 1966) resulted from a collision between a passenger car used by the Bradfords and a truck-trailer owned and driven by Kelly, but leased to and in the service of Mitchell Brothers at the time of the accident. The truck-trailer was equipped with a suspension system manufactured by Rockwell-Standard Corporation (Rockwell) and installed by Freightliner Corporation (Freightliner). Kelly and Mitchell Brothers were relieved of any liability and Rockwell and Freightliner were both found to be negligent in that action. Both Freightliner and Rockwell appealed on the grounds that the evidence was not sufficient to support the judgment. However, the judgment was affirmed on appeal, and in that opinion the evidence concerning the conduct of Rockwell and Freightliner was summarized as follows;

The negligence of both Freightliner and Rockwell was held to be the proximate cause of the injuries to the Bradfords.

Both Freightliner and Rockwell filed cross-complaints against each other, each seeking indemnification from the…