National Farmers Union Property & Casualty Co. v. Frackelton

PIERCE, Judge.

Defendant, William J. Frackelton, appeals a declaratory judgment for contribution entered in favor of plaintiff, National Farmers Union Property and Casualty Company. We reverse.

Under negligence theories, Frackelton and Robert Kerr filed separate lawsuits against plaintiff’s insured, San Miguel Power, seeking recovery for personal injuries. The actions arose out of the same incident and were consolidated for trial, and this declaratory judgment action was filed following the judgments in the consolidated action.

In the consolidated action, the trial court instructed the jury, as…