Skulnick

Skulnick v. Roberts Express, Inc.

Good Law
2 Cal. App. 4th 884·3 Cal. Rptr. 2d 597
Court of Appeal of CaliforniaJanuary 15, 1992Docket Nos. D012074, D012110California2,372 words

Opinion

Opinion

Nares, J.

Roberts Express, Inc. (Roberts), and Mediquik Express, Inc. (Mediquik), appeal a judgment on a stipulated settlement entered pursuant to Code of Civil Procedure section 664.6. The judgment includes an order forbidding the settling parties from asserting their indemnification rights. Roberts and Mediquik argue they never agreed to waive their indemnification rights as part of any settlement, and contend the court therefore entered an improper judgment. However, there is substantial evidence in the record that Roberts and Mediquik stipulated to a settlement in which they waived their indemnification rights. Accordingly, we affirm.

Facts and Procedure

In December 1986, a traffic accident occurred between two tractor-trailer rigs. Respondent Albert L. Mackey (Mackey), the driver of one of the rigs, was pulling trailers leased by Burlington Air Express (Burlington) and Mediquik, a division of Roberts. Mackey lost control of his vehicle, which overturned. The other rig, driven by Stephen Skulnick (Skulnick), struck Mackey’s disabled vehicle. Skulnick suffered numerous injuries from the accident and brought suit in San Diego Superior Court against Mackey, Roberts, Mediquik,…

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