Narrative Opinion Summary
In a products-liability lawsuit involving injuries from equipment manufactured by Unisys Corporation and leased by Frank H. Poe, Inc., Poe sought indemnification from Unisys for attorney’s fees after an adverse judgment. The trial court granted partial summary judgment in favor of Poe, awarding indemnification for all fees and costs. Unisys appealed the decision, contesting indemnification on grounds of mixed allegations of vicarious liability and Poe’s own negligence. The appellate court upheld the indemnification for fees related to vicarious liability but reversed the part concerning Poe’s active negligence, ruling that Unisys should not bear costs for Poe's own negligence. The court mandated distinguishing between fees associated with vicarious liability and those tied to active negligence, holding that Unisys would be liable for costs that cannot be separated. The decision was affirmed in part, reversed in part, and remanded for further proceedings to properly allocate the indemnification of fees and costs.
Legal Issues Addressed
Allocation of Indemnity for Intertwined Costssubscribe to see similar legal issues
Application: The court held that if attorney’s fees are not separable between vicarious liability and active negligence, the indemnitor is responsible for the intertwined costs.
Reasoning: If some fees cannot be separated, Unisys would then be liable for those intertwined costs.
Distinction Between Vicarious Liability and Active Negligencesubscribe to see similar legal issues
Application: The court required a distinction between fees incurred in defense of vicarious liability claims and those related to claims of the indemnitee's own negligence.
Reasoning: The ruling emphasized that the trial court must distinguish between fees related to vicarious liability and those related to active negligence.
Indemnification for Attorney’s Fees and Costssubscribe to see similar legal issues
Application: The court determined that an indemnitee is entitled to indemnification for reasonable attorney’s fees and costs when defending claims for which the indemnitor is liable.
Reasoning: The court ruled that an indemnitee is generally entitled to reasonable attorney’s fees and costs for which the indemnitor is liable.