prod.liab.rep.(cch)p 13,545 General Motors Corporation, a Delaware Corporation v. Gary D. Doupnik, Jr.
Opinion
Opinion
Pregerson, J.
Gary Doupnik appeals the district court’s grant of summary judgment in favor of General Motors in its diversity action for equitable indemnity under California law. The court ordered indemnity from Gary Doupnik for 80 percent of a $1.6 million loss of consortium judgment that was rendered in favor of Sally Doupnik, Gary’s spouse, in an underlying state action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse.
BACKGROUND
On January 8, 1983, Gary Doupnik and a friend were returning from a wedding reception when Doupnik lost control of the General Motors car he was driving. Doupnik’s ear left the road, went down an embankment, rolled over, and came to a stop upside down. The evidence indicated that Doupnik had been drinking prior to the accident. Defective welds in a pillar post of the car caused the body to collapse on the driver’s side. Doupnik was rendered a quadriplegic.
Gary Doupnik filed suit in state court against General Motors, alleging that the defective roof welds caused his injuries. The jury found that Doupnik had sustained injuries in the amount of $6,668,212. The jury also found that Doupnik was liable for 80 percent of his injuries and that General…