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Case Citations [i] (Fall 2023)

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                                THE   AMERICAN
                                LAW INSTITUTE


                                      Fall 2023 Citations



                                   JUDGMENTS



         CHAPTER 4. EFFECT OF JUDGMENTS WITH REFERENCE TO PERSONS

                       TOPIC  2. PERSONS   NOT   PARTIES   OR  PRIVIES

§ 107. Rights of Indemnitee and Indemnitor Inter Se after Judgment against One of Them

N.D.Ga.2022.  Cit. in sup.; subsec. (a) and com. (h) quot. in sup. After worker who was injured in a
railcar accident on a private sidetrack at a processing plant obtained a judgment against railroad for
negligence, railroad sued owner of the plant, seeking indemnification under the parties' agreement
regarding the construction, maintenance, and use of the sidetrack. This court granted partial summary
judgment for owner of the plant under the vouchment rule, holding that it was undisputed that railroad
properly vouched owner of the plant into employee's underlying action, and the jury in that action
returned a verdict finding that railroad was 100% liable for the accident. The court rejected railroad's
argument that vouchment only bound the vouchee, and not the voucher, reasoning that, under
Restatement of Judgments § 107, in actions between an indemnitor and the indemnitee, the indemnitee
was subject to the burdens, as well as entitled to the benefits, of res judicata with reference to matters
determined in an action brought by an injured person. CSX Transportation, Inc. v. General Mills, Inc.,
587 F.Supp.3d 1334, 1341.




















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          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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