[Download] "Precision Air v. Standard Chlorine" by Supreme Court of Delaware * eBook PDF Kindle ePub Free
eBook details
- Title: Precision Air v. Standard Chlorine
- Author : Supreme Court of Delaware
- Release Date : January 09, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
VEASEY, Chief Justice: In this interlocutory appeal we consider the contention of third-party defendant below-appellant Precision Air, Inc. (""Precision"") that the Superior Court erred in denying its motion to dismiss a third-party complaint filed by defendant/third-party plaintiff below-appellee Standard Chlorine of Delaware, Inc. (""Standard""). This case requires us to decide whether the workers' compensation statute, 19 Del.C. § 2304 (""Section 2304""), 1 bars Standard from impleading Precision, an employer that has paid workmen's compensation benefits, into a negligence suit brought by an injured employee and his wife against Standard, notwithstanding an indemnity contract between Precision and Standard. For the reasons set forth below, we hold that Standard is not precluded from impleading Precision under the circumstances of this case, which turn on the contractual claim arising out of the indemnity contract. We therefore affirm the ruling of the Superior Court denying Precision's motion to dismiss the third-party complaint.