Norco Delivery Service, Inc. v. Owens-Corning Fiberglas, Inc.

Following a settlement between Owens-Cornins Fiberglas. Inc., and Seaward Properties, Ltd., the plaintiff in the underlying action, the trial court made a good faith determination and barred all cross-complaints against Owens-Corning. including that of Norco Delivery Service. Inc., under Code of Civil Procedure section 877.6. Norco challenges that good faith determination and also asserts the court, in addition to erroneously dismissing Norco's indemnity and contribution claims, improperly barred its independent, direct claims against Owens-Corning. We affirm.

I

Norco leased property in Anaheim from Seaward on which Norco had underground storage tanks to supply fuel for trucks used in its delivery business. One such tank—manufactured by Owens-Corning—was purchased by Norco in used condition in 1976. In the process of installing this tank, codefendant Wayne Perry dropped and damaged it. As a result, before Perry could complete the installation, Owens-Corning was summoned to repair the damage. It did so, and the tank was installed and in use by late 1976.

During routine pressure testing in 1986, the tank ruptured and discharged at least 2,400 gallons of diesel fuel into…