Duffy Brothers Construction Co. v. Pistone Builders, Inc.

Duffy Brothers Construction Co., Inc. (Duffy), has appealed from an order of the District Court for Douglas County, Nebraska, dismissing its petition which sought indemnity from Pistone Builders, Inc. (Pistone). Duffy sued for indemnification for workmen’s compensation benefits paid by Duffy to an injured employee of Pistone, Harry N. Spencer, after an award by the Workmen’s Compensation Court which found Duffy and Pistone jointly liable for benefits, pursuant to Neb. Rev. Stat. §48-116 (Reissue 1978). Duffy assigns that the court was in error in failing to find that the plaintiff was…