City of Phoenix v. Kenly

OPINION

OGG, Judge.

Plaintiffs in the trial court filed a tort and wrongful death action against the appellant City of Phoenix (City). Subsequently, a similar action was filed by the same plaintiffs against the appellees Frank and Zona Kenly (Kenly). These actions were consolidated for trial and thereafter the City filed a cross-claim against Kenly seeking indemnity.

The original cause of action arose out of an incident wherein a large tree limb fell or was blown from a tree on the Kenly property and struck a "passing automobile in which the plaintiffs and plaintiffs’ decedents were riding. The…