Jethroe v. Koehring Company

MEMORANDUM AND ORDER

FOREMAN, Chief Judge:

Before the Court are third party defendant H.H. Hall Construction Company’s (Hall) Motion to Dismiss Count 1 of the third party complaint (Document No. 53) and Hall’s Motion to Dismiss Count 1 of the crossclaim of Koehring Company (Koehring) (Document No. 55). Plaintiff brings this action for damages sustained from an injury incurred while working in a basket which was lifted by a crane manufactured by Koehring, distributed by Allied, and sold to Hall, plaintiff’s employer.

Both of Hall’s Motions to Dismiss assert that implied indemnity no longer exists…