Foremost-McKesson Corp. v. Allied Chemical Co.

OPINION

HATHAWAY, Judge.

Plaintiff/appellant raises three issues on appeal in this action for indemnification, all of which concern instructions given by the trial judge at the “vouching in” trial. The issues are (1) whether it was reversible error for the trial court to place upon the appellant the burden of proving that it had defended the underlying action with due diligence and reasonable care, (2) whether it was reversible error to instruct the jury that appellant did not defend the original action with due diligence if it found that appellant knowingly furthered its own interests at the…