City of Burbank v. Glazer

Both the appellant (city) and the appellee (Glazer) in the instant case were originally sued in one action by another party for negligence. The city did not in that action counterclaim against Glazer. At the close of that plaintiff’s case, the trial court directed a judgment for Glazer. The city was later found liable to that plaintiff. The city now sues Glazer and another party for indemnity, claiming that their negligence, based on issues not raised by the original plaintiff, was the cause of the city’s liability. The trial court in the present action granted Glazer’s motion to dismiss on…