Commonwealth Utilities Corp. v. Goltens Trading & Engineering PTE Ltd.

Third-Party-Plaintiff-Appellant, In-Place Machining Company, Inc. (“IPM”), appeals from the district court’s order for summary judgment dismissing IPM’s claim for contribution from Third-Party-Defendant-Appellee, MAN B & W Diesel AG (“MAN”). The dispute arises from the failure of a large diesel generator, owned and operated by Commonwealth Utilities Corporation (“CUC”), shortly after the generator had received parts and undergone repairs by Goltens Trading & Engineering PTE LTD. (“Goltens”) and IPM. CUC filed claims against Goltens for breach of warranty and negligence, and IPM for negligent repair. IPM filed a *543 third-party cross-claim for indemnity and contribution against MAN for MAN’s allegedly negligent role as a consultant to, or supervisor of, the negligent repair. Gol-tens and IPM settled their dispute with CUC, and IPM dropped its cross-claim against MAN for indemnity. IPM persisted in its contribution cross-claim against MAN. The district court dismissed IPM’s cross-claim on summary judgment, holding that IPM did not produce sufficient evidence to raise a triable issue of fact as to a breach of a legal duty by MAN in its relationship with CUC. IPM appeals the…