Transport Indemnity Co. v. BB&S, Inc.

Plaintiff Transport Indemnity Company (Transport) appeals from a summary judgment for defendant BB&S, Inc. in this action for contribution and indemnity. We reverse and remand.

BB&S operates a restaurant at which two patrons became intoxicated and, as a result, caused the death of Carl Hill in an automobile accident. Janet Grace Hill, as personal representative of her husband’s estate, brought a wrongful death action against several defendants, including BB&S and the employer of the intoxicated men. Transport is the insurer of the employer.

Before Mrs. Hill brought the action, she entered into…