Williams v. Litton Systems, Inc.

I write separately because, while I am in accord with the result reached by the majority, I do not believe that it adequately addresses the certified conflict that it is meant to resolve.1_

*762My concern is that it is difficult to extract a workable rule from the opinion. I gather that the rule is that if the primary complaint alleges active negligence, then the third-party plaintiff is precluded from indemnity because it (third-party plaintiff) is not free from active negligence. I disagree with this rule — if, in fact, this is what the opinion means to say.

The workers’ compensation statute…