Graco, Inc. v. Colberg, Inc.

Opinion

SPARKS, J.

The issue in this appeal is whether defendant tortfeasors in a wrongful death action may maintain cross-actions against the employer of the decedent for contribution or indemnity based upon the employer’s alleged negligence when the employer has paid death benefits under the Federal Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA). (33 U.S.C. § 901 et seq.) The trial court ruled they could not and consequently entered a judgment dismissing the cross-complaints of Graco, Inc., and Earl’s Pump and Supply Company, Inc., after it sustained the demurrers of the…