Midwest Fertilizer Co. v. Ag-Chem Equipment Co.

YOUNG, Judge.

Midwest Fertilizer Company appeals a trial court judgment in favor of Ag-Chem Equipment Company. Midwest contends that it was entitled to a jury trial on its indemnity claim against Ag-Chem and that the trial court therefore erred in striking the jury over Midwest's objections.

Midwest is involved in the fertilizer spreading business. In 1982, several farmers filed suit against Midwest for misapplication of fertilizer. Midwest filed a third party complaint pursuant to Ind. Rules of Procedure, Trial Rule 14 against Ag-Chem, the manufacturer of the spreader, and Highway Equipment…