Estes Co. v. Aztec Construction, Inc.

OPINION

CONTRERAS, Judge.

Cross-claimant the Estes Company appeals from the judgment denying its cross-claim for indemnity and the denial of its motion for a new trial on the cross-claim. We reverse and remand with directions to enter judgment for Estes on its cross-claim.

NATURE OF CASE

The parties to this appeal were defendants in a wrongful death action. Based upon an indemnity agreement The Estes Company, the general contractor, filed a cross-claim seeking indemnity from Aztec Construction Company, a subcontractor.

Before the trial on the principal claim, the defendants agreed that the trial…