St Luke's Hospital v. Giertz

In this case, we are asked to decide whether the plaintiff may proceed with a separate indemnification action against the defendant after settling the underlying complaint for active and passive negligence, despite failing to obtain summary disposition in regard to its active negligence or give the defendant an opportunity to participate in the settlement negotiations of the underlying complaint. We hold that it may not.

i

Plaintiff, St. Luke’s Hospital, brought this action seeking indemnification from defendant, Tamarra Giertz, the personal representative of the estate of decedent, A. Timothy…