Liberty Mutual Insurance v. Vanderbush Sheet Metal Co.

OPINION

FEIKENS, Chief Judge.

Defendant was a subcontractor on a construction project in Carleton, Michigan. One of defendant’s employees, Robert Kertesz, was injured while working on the project. Kertesz recovered a judgment of $158,210 in a negligence action against Toledo Engineering Corporation, the prime contractor. Pursuant to an insurance policy, plaintiff satisfied the judgment entered against Toledo. In this case, plaintiff seeks indemnity under the terms of Toledo’s subcontract with defendant. Both parties move for summary judgment.

I. Res Judicata

In the original action by Kertesz…