Martin
Martin v. County of Los Angeles
Opinion
Opinion
Armstrong, J.
In this equitable indemnity action, we determine that the County of Los Angeles was entitled to have the case heard by a jury. Because the trial court denied the county a jury trial, we reverse the judgment. In the appeal of the underlying wrongful death action, we ruled that Donald MacIntyre, Jeffrey MacIntyre, and Megan MacIntyre (the MacIntyres), plaintiffs therein, were entitled to judgment against the county. (MacIntyre v. County of Los Angeles (Dec. 12, 1996) B080699 [nonpub. opn.].) Because the jury in that case allocated the comparative fault of the various tortfeasors, assigning to the county 13 percent responsibility for the decedent’s death, a new trial is not required.
Facts
On September 16, 1987, Christine MacIntyre was killed when a runaway truck owned by Bourget Brothers Building Materials (Bourget) and driven by Jose Martin on Kanan Dume Road crashed through the intersection at Pacific Coast Highway.
The MacIntyres brought a wrongful death lawsuit against Martin, Bourget, Western Truck Service, which maintained Bourget’s vehicles, the County of Los Angeles, and the State of California. Martin and Bourget cross-complained against the county, the state,…