Tack's Steel Corp. v. ARC Construction Co.

OPINION

BAILEY, Judge.

Case Summary

Appellant/Third-Party Defendant Tack's Steel Corporation ("Tack's") appeals a summary judgment requiring Tack's to indemnify Appellee/Third-Party Plaintiff ARC Construction Co., Inc. ("ARC") in the amount of $425,000.00, and to pay attorney fees of $42,786.91, prejudgment interest and costs. We reverse and remand.

Issues

Tack's presents four issues for review, which we consolidate and restate as 1 :

I. Whether there exists a genuine issue of material fact precluding summary judgment, because Tack's is not bound to an allocation of its comparative fault within an…