Koehring Manufacturing Co. v. Earthmovers of Fairbanks, Inc.

In my view the trial court erred in granting Earthmovers’ cross-motion for summary judgment against Koehring for indemnity. This motion was granted because Koehring had not pled as an affirmative defense that Earthmovers was negligent with respect to the crane. Koehring had, however, moved for summary judgment on the indemnity claim on the basis of Earthmovers’ negligence. Koehring stated in its memorandum in support of motion for partial summary judgment, filed April 4, 1986:

The policy underlying the rule that concurrently negligent tortfeasors may not assert claims for implied indemnity is…