Booth v. Gades

OPINION

STONEBURNER, Judge.

Appellants, who were injured in an automobile accident caused by the alleged negligent, employment-related driving of a firefighter employed by respondent city, challenge the dismissal of their action against city, arguing that the district court erred in concluding that their Drake v. Ryan settlement with firefighter destroyed city’s vicarious liability for firefighter’s alleged negligence. Because appellants did not fully and completely release all claims against firefighter and because city is not entitled to indemnity from firefighter, we conclude that the…