Scott v. Francis

*394BUTTLER, J.

Defendant Jackson appeals from a judgment entered on a directed verdict against him at the close of his case-in-chief on his cross-claim for indemnity against defendant Lopez. Defendants had settled a legal malpractice claim asserted against them by plaintiff Scott for their failure to file her complaint for medical malpractice within the Statute of Limitations. Jackson contends that (1) he is entitled to common law indemnity, because his negligence was passive and that Lopez’ was active, and that (2) Lopez made an enforceable oral promise to indemnify him. We conclude that Jackson…