Montoya v. Greenway Aluminum Co.

Quaere: Is a third party sued by an employee for injuries suffered in an industrial accident entitled to indemnity from the employer when the injury resulted from the negligence of the employer and/or the third party?

2 A. Larson, Workmen’s Compensation § 76.10, at 227 (1970), poses the inquiry as follows:

Perhaps the most evenly-balanced controversy in all of compensation law is the question whether a third party in an action by the employee can get contribution or indemnity from the employer, when the employer’s negligence has caused or contributed to the injury.

(Footnote omitted.)

Herman…