Sanderling v. Donohoe Co.

BY JUDGE MICHAEL P. MCWEENY

This matter comes before the Court on Defendant’s Demurrer as to Counts HI and VI of the Bill of Complaint. The issues are whether a claim of implied indemnity exits in Virginia, and whether a claim of implied indemnity can coexist with a claim of express indemnity. After considering the issues, the Court rules that Defendant’s Demurrer is sustained as to Counts in and VI of the Bill of Complaint.

Implied Indemnity Is Recognized as a Cause of Action in Virginia

Although the Supreme Court of Virginia has not specifically ruled that a cause of action for implied…