American Motorcycle Ass’n v. Superior Court

578 P.2d 899 (Cal. 1978)

 

RULE:

The long-recognized common law equitable indemnity doctrine should be modified to permit, in appropriate cases, a right of partial indemnity under which liability among multiple tortfeasors may be apportioned on a comparative negligence basis.

FACTS:

Plaintiff was injured at a motorcycle race, and sued defendant, the organizer of the race, for his injuries. Defendant sought to file a cross-claim against plaintiff's parents for their comparative negligence in allowing their child to participate in the race, and to mitigate defendant's culpability comparatively.

ISSUE:

Should defendant be able to file a cross-claim against another tortfeasor who contributed to the injury for which the original tortfeasor is being sued?

ANSWER:

Yes.

CONCLUSION:

Defendant was granted leave to file a cross-claim against the parents, or any other party whom the defendant was seeking indemnity for the damages for which plaintiff was suing defendant.

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