Moore Excavating, Inc. v. Consolidated Supply Co.

Plaintiff Moore Excavating, Inc., brought this action seeking common-law indemnity and damages for negligence from defendant Consolidated Supply Co. The trial court granted defendant’s motion for summary judgment on both claims and entered judgment for defendant. Plaintiffs appeal requires us to resolve two unrelated issues. The first is whether the discharge element of the claim for common-law indemnity can be satisfied based on plaintiffs settlement of a claim with a third party on which defendant is also liable when the settlement did not legally extinguish defendant’s liability on the…