Sweeny v. Pease

McCORMICK, Justice.

The question here is whether the trial court erred in entering summary judgment for an employer on an employee’s cross-petition seeking indemnity for attorney fees and expenses incurred in successfully defending a wrongful death action brought against the employee by the estate of a coemployee. The employee contends the court erred in holding that he was not entitled to an evidentiary hearing to show the fees and expenses were incurred in defending charges for which he would have been secondarily liable and the employer would have been primarily liable. We affirm the trial…