Rodrigues v. DePasquale Building & Realty Co.

OPINION

Chief Justice WILLIAMS,

for the Court.

In this wrongful death and negligence action, the third-party defendant, Spino Brothers, Inc. (Spino Bros.), appeals from an order granting the third-party plaintiffs, DePasquale Building and Realty Company (DePasquale Bldg.), motion for a new trial. DePasquale Bldg, settled the underlying tort suit with the plaintiff, Estela V. Rodrigues (plaintiff), for the death of her husband, Carlos Rodrigues (Carlos), after DePasquale Bldg, sought indemnification from Spino Bros, pursuant to the indemnity clause of a previously executed contract. Central to…