VALLEY INDUSTRIES v. Scott Fetzer Co.

Defendant The Scott Fetzer Company (Fetzer) appeals from the judgment for plaintiff Valley Industries (Valley) in this action for contractual and common law indemnity and defense costs.

In 1983, Valley purchased the assets of Fetzer’s division that manufactures ball coupling devices, which are used to attach trailers to vehicles. The parties entered into an agreement whereby Fetzer promised to defend and indemnify Valley for claims made against it in connection with products sold before May 1,1983. In October, 1984, Linda Fischer was fatally injured when her vehicle collided with a horse…