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Case Citations [i] (Fall 2023)

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                                 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.






















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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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