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Woodrich Construction Company v. Indemnity

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eBook details

  • Title: Woodrich Construction Company v. Indemnity
  • Author : Supreme Court of Minnesota
  • Release Date : January 28, 1958
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 75 KB

Description

In an action -- involving the construction of four insurance policies -- brought by plaintiff insured to recover the amount
it had paid in settlement of damages based upon an adjudicated liability for accidental injuries, three defendant insurers
have each appealed from portions of an order granting or denying (as the case may be) motions for summary judgment. Plaintiff, Woodrich Construction Company (herein called Woodrich), a general contractor engaged in road construction work,
was one of the defendants in an earlier action appealed to this court, namely, Crawford v. Woodrich Const. Co. Inc. 239 Minn.
12, 57 N.W.2d 648. In that action, Woodrich and his subcontractor, Walter Baker, and Elmer Zaske, who owned and operated a
truck hired by subcontractor Baker, were all sued as defendants by William M. Crawford for damages for personal injuries sustained
by him while acting as a state inspector on a Woodrich road construction job. Crawford was injured while he was making an
alignment inspection and the Zaske truck backed over him. In that action the jury awarded plaintiff a verdict for $80,000
against Woodrich only. Upon appeal, the order denying an alternative motion for judgment notwithstanding the verdict or a
new trial was affirmed. The Crawford case established as a matter of both fact and law that both Baker and Zaske were exonerated
of all negligence and that the sole tortfeasor was Woodrich. The facts out of which the Crawford action arose are set forth
in our decision in the Crawford case.


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