Shirley Haywood, Guardian of the Minor, Lee Renfro v. Southwestern Electric Power Company v. Cities Service Company

STAGG, District Judge:

This case presents an appeal from a jury verdict granting Cities Service Company (“Cities Service”) full contractual indemnity for its share of a settlement agreement reached with the plaintiff on the opening day of trial. Because we find that the trial court erred in refusing to submit a special jury interrogatory on the issue of Cities Service’s negligence, the judgment of the court below is reversed, and the case is remanded for a new trial consistent with this opinion.

I. FACTUAL BACKGROUND

In 1964, Southwestern Electric Power Company (“SWEPCO”) entered into a con…