Smith v. Urich

Urich, 1 a codefendant in this claim for negligence, appeals from the grant of third-party plaintiff Comer Drug’s motion for summary judgment on its cross-claim for indemnity. ORCP 47. We reverse.

Urich is the owner of real property. Corner Drug leased the property from Urich and operated a business that was open to the public. Smith, Corner Drug’s business invitee, filed an action against both Urich and Comer Drug in which he alleged that he had sustained personal injuries when he tripped on a defect in the sidewalk outside the business and that all defendants were negligent. Corner Drug…