Silia v. Peter Kiewit Sons' Co.

In an action to recover damages for personal injuries, the third-party defendant moves to dismiss the third-party complaint for legal insufficiency.

The third-party complaint herein alleges two causes of action, one based on common-law indemnity and the other on an alleged written indemnity agreement.

The third-party defendant contends that the first cause of action in the third-party complaint is insufficient inasmuch as the complaint in the main action has charged the third-party plaintiffs with active negligence. Thus, argues the third-party defendant, the third-party plaintiffs are not…