Sorrentino v. Waco Scaffolding & Shoring Co.

Waco Scaffolding & Shoring Co., Inc. (Waco), brought a third-party action to obtain indemnity from R. B. Hayward & Co. (Hayward). After finding that the underlying litigation was based on strict liability and that Waco had failed to state a cause of action, the trial court dismissed the third-party complaint. Waco now appeals raising the following issues for our review: (1) whether a written contractual obligation of indemnity is vitiated because the indemnitee is sued by the injured plaintiff on the theory of strict liability; (2) whether the indemnitee’s negligence is an issue in a…