Star Mountain Ranch v. Paramore

Defendants Gossard appeal from a summary judgment for plaintiffs on plaintiffs’ claim for indemnity. Plaintiffs paid a judgment that was based on debts incurred by defendants when they worked on repairing an earthen dam spillway on plaintiffs’ property. We view the evidence in the light most favorable to the defendant. Seeborg v. General Motors Corporation, 284 Or 695, 699, 588 P2d 1100 (1978).

Plaintiffs contracted with Gasbar Excavating (Gas-bar) for work on the dam and spillway. Gasbar subcontracted with defendants for a large portion of the work. Defendants in turn sub-subcontracted with…