Marathon Steel Co. v. Tilley Steel, Inc.

Marathon Steel Company appeals from a summary judgment granted on motion to Tilley Steel, Inc. in Marathon’s cross-action against Tilley for contractual and equitable indemnification. Tilley’s motion was granted on the statutory grounds that Marathon’s cross-action had no merit and that there were no triable issues as to material fact. (Code Civ. Proc., § 437c.) The appeal lies. (Code Civ. Proc., § 437c.)

Malcolm Meyers, an employee of Tilley, was seriously injured on October 13, 1971, while working on a freeway construction site. The general contractor on the job was the Griffith Co., which had subcon tracted some of the steel and iron work to Marathon, which in turn had subcontracted the installation part of its work to Tilley. Marathon never had any employees on the job site. Meyers sued the State of California and Griffith, Griffith cross-complained for indemnification against Marathon and Marathon did likewise against Tilley.

(See fn. 4.) The summary judgment under appeal was apparently granted on the basis that under the indemnification provision at issue Tilley was liable to Marathon only for damage or loss caused Marathon solely by Tilley’s negligence and if…