Tucson Electric Power Co. v. Kokosing Construction Co.

OPINION

LIVERMORE, Presiding Judge.

Kokosing Construction Co., Inc., appeals from the summary judgment entered in favor of Tucson Electric Power Co. (TEP) on the issue of indemnification.

The facts, taken in the light most favorable to the appellant, are as follows. Ko-kosing was subcontracted by R.E. Miller Paving and Construction to construct cast-in-place concrete pipe for a storm sewer below the surface of Alvernon Way. A machine used to pour concrete for the pipeline directly into a trench dug along the roadway was inserted and removed by a crane. On March 5, 1986, as the machine was being…