Davcon, Inc., et al. v. Fritz Baeder Construction, Inc. and Fritz Baeder
Published: Mar. 15, 1997 | Result Date: Sep. 27, 1996 | Filing Date: Jan. 1, 1900 |Case number: 057687 Verdict – $196,409
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Scott B. Spriggs
(Kinkle, Rodiger & Spriggs)
Defendant
Experts
Plaintiff
Morris S. Farkas
(technical)
Defendant
Barry L. Houseal
(technical)
Facts
On June 22, 1990, a 31-year-old employee of defendant Fritz Baeder Construction, Inc. was working on a construction job for his employer when he fell onto a concrete 25-foot slab. Defendant Davcon Inc. was the general contractor who contracted with defendant Fritz Baeder Construction, a subcontractor. Fritz Baeder Construction refused to accept the tender of defense and indemnify Davcon, Inc. As a result, Davcon settled the matter for the total sum of $182,000 and sought indemnity from both Fritz Baeder Construction, Inc. and Fritz Baeder, including the amount paid, plus interest and attorney's fees. The plaintiff brought this action against the subcontractor corporation and its principal as a cross-complaint in the original personal injury action, based on express indemnity theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Damages
The plaintiff claimed $182,000 in damages, plus interest and attorney's fees.
Other Information
The verdict was reached approximately five years and five months after the case was filed. The plaintiff's motion for interest was denied. The plaintiffs have appealed that decision.
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