Waechter v. Mitchell

CAREY, Judge, Pro Tem.

This is an appeal from a judgment dismissing a third-party complaint. The question presented is whether an attorney who is the subject of a malpractice claim may seek indemnity from parties he allegedly failed to sue on behalf of his client in a timely fashion. The judgment is affirmed.

FACTS AND PROCEEDINGS BELOW

Daniel Waechter was struck and killed by a drunken motorist. His widow, Yolanda Waechter, retained the services of attorney Thomas A. Mitchell to file a wrongful death action against the motorist and the persons who had furnished the motorist with alcohol.…