Miller v. Ellis

Opinion

McGUINESS, P. J.

Mitchell D. Ellis appeals from a judgment in favor of respondent Lawrence D. Miller on Miller’s action for equitable indemnity. The action arises from a previous personal injury lawsuit and ensuing malpractice action by the personal injury plaintiff against Attorneys Ellis, Miller, and Joseph Pisano for failing to bring the underlying case to trial within five years. Ellis contends the trial court erred as a matter of law in applying the collateral source rule to this action, in which one of two cotortfeasors (Miller) is seeking equitable indemnification from the other…