Aerojet Gen. Corp. v. D. Zelinsky & Sons

This appeal is the outgrowth of an industrial accident which occurred in August 1956, resulting in the death of Otto Woolen and Edward Dauer. Both were employed as painters by D. Zelinsky & Sons, an independent painting contractor. Heirs of the two employees brought separate wrongful death actions against Aerojet General Corporation, at whose plant the painting was taking place. In each case a jury awarded damages against Aerojet, but each judg *606 ment was reversed for errors in jury instruction. (Woolen v. Aerojet General Corp., 57 Cal.2d 407 [ 20 Cal.Rptr. 12 , 369 P.2d 708 ] ; Dauer v. Aerojet General Corp., 224 Cal.App.2d 175 [ 36 Cal.Rptr. 356 ].) Before the retrial of either lawsuit, Aerojet entered into settlements with the plaintiffs. In the present proceeding Aerojet seeks indemnity against Zelinsky for the amount of the settlements plus its litigation expenses. The trial court sustained Aerojet’s claim and Zelinsky appeals.

The circumstances of the accident have been described in the Supreme Court’s decision in Woolen v. Aerojet General Corp., supra, and this court’s decision in Dauer v. Aerojet General Corp., supra, and it will be necessary to state them only briefly…