Liberty Mutual Insurance v. Westerlind

The defendant William F. Westerlind (Westerlind) challenges the denial of his motion to implead Brisk Waterproofing Co. Inc. (Brisk) as a third-party defendant.

A Superior Court judge ruled that Westerlind could not press his claim for either contribution or indemnification if the proposed third-party defendant is an employer who has paid workmen’s compensation benefits to an employee. The judge filed a comprehensive memorandum of decision detailing the reasons for his ruling and reserved and reported the question of the correctness of his decision. Mass. R. Civ. P. 64, 365 Mass. 831 (1974).…