Victory Memorial Hospital Ass'n v. Schmidt, Garden & Erickson

This matter springs from a third-party action for contribution. Third-party plaintiff, Schmidt, Garden & Erickson, appeals from a trial court order which granted a motion for directed verdict made by third-party defendant, Hyre Electric Company, after both parties had rested. While Schmidt had presented its case in chief, Hyre rested without offering any evidence. Schmidt asserts that the trial court erred in granting Hyre’s motion since a prima facie case for contribution had been presented and was not refuted by Hyre. .

In 1976 Victory Memorial Hospital (Victory) retained the architectural…