State Farm Fire & Casualty Co. v. All Phase Interiors & Remodeling, Inc.

HERSEY, Chief Judge.

This is an appeal from an order dismissing with prejudice a petition for declaratory relief. The issue on appeal is the propriety of that dismissal, i.e., whether appellant, State Farm, was entitled to either an affirmative or negative declaration of its rights.

Angelo Zepeda fell from scaffolding while installing drywall and was injured. He filed a complaint against All Phase Interiors and Remodeling, Inc., alleging ordinary negligence. That negligence was said to arise from the fact that All Phase owned and erected the scaffolding, knew that he was working on that…