Tatum
Tatum v. Armor Elevator Co.
Opinion
Opinion
Kline, J.
This personal injury action presents the question, among others, whether a defendant who voluntarily settled with an injured plaintiff, pursued a cross-complaint for indemnity against a nonsettling codefendant, and was at trial found not to have contributed to the plaintiff’s injury, has standing to appeal that portion of the judgment denying indemnification.
Statement of the Case
Appellant Shirley Tatum filed an action against Armor Elevator Company, Inc. (Armor), Center Street Associates, and Gerson Bakar and Associates (Bakar) alleging that the injuries she sustained in the process of extricating herself from a broken elevator were attributable to their negligence. The elevator was located in a building at 1947 Center Street in Berkeley which Center Street Associates owned and Bakar managed. Bakar contracted with Armor for elevator maintenance.
The other appellant, the California Department of Health, maintained the office at 1947 Center Street in which Tatum worked. The state filed a third-party action and complaint against all defendants, seeking indemnity for its liability to Tatum under the workers’ compensation law.