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Case Citations [i] (Fall 2023)

handle is hein.ali/restt5035 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2023 Citations TORTS 3D: APPORTIONMENT OF LIABILITY TOPIC 3. CONTRIBUTION AND INDEMNITY § 22. Indemnity Neb.2022. Rptrs' Note to com. (b) cit. and quot. in sup. and cit. in ftn. Surviving spouses of murder victims, who reached settlements with county regarding their claims that county was negligent in handling victims' 911 calls, filed an action as assignee of county against the murderer's estate, seeking contribution, indemnity, and subrogation on the ground that the murderer's actions forced county to suffer loss and incur expenses in defense of spouses' suit. The trial court granted the estate's motion to dismiss. Affirming, this court held that nothing in the pleadings or the record indicated that county's settlement with spouses extinguished the estate's liability or that county paid a debt owed by the estate, such that the estate was required to indemnify county; on the contrary, there were currently proceedings in another action involving surviving spouses' direct claims against the estate. The court cited Restatement Third of Torts: Apportionment of Liability § 22 in explaining that indemnification was not allowed against a party that remained liable to a plaintiff. Edwards v. Estate of Clark, 982 N.W.2d 788, 796. COPYRIGHT (2023 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.