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eBook details

• Title: Industrial Indemnity Company v. Columbia
• Author : Supreme Court of Idaho No. 10260
• Release Date : January 16, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

This appeal arose out of an action originally initiated by Industrial Indemnity Company, an inactive party to this appeal,
against Columbia Basin Steel & Iron Inc. These two companies will hereafter be referred to as "Industrial" and "Columbia"
respectively. Pursuant to an agreement guaranteeing reimbursement, Industrial negotiated a settlement with an injured employee
of Columbia. When Columbia refused to reimburse Industrial in full, the latter company initiated an action against it. Columbia
then joined Mark B. Garff, Ryberg & Garff Construction Company, hereafter referred to as "Garff," which is the appellant
herein, as a third party defendant, seeking indemnity or reimbursement on the ground that Garff's negligence was the cause
of the injuries suffered by Columbia's employee. The court awarded judgment to Industrial against Columbia and presented the
question of negligence to the jury. The jury found by special verdict that Garff's negligence was the sole proximate cause
of the employee's injuries, and the court awarded judgment against Garff. It is from the latter verdict and judgment only
that this appeal was taken. In the spring of 1964 Garff was the general contractor for construction of a concrete silo at Lincoln, Idaho. At that time
Garff entered into an oral contract with Columbia to perform the iron and steel work on the silo. Prior to this time, Garff
had constructed a similar structure in the State of Washington and Columbia, as subcontractor, had done the steel and iron
work on that silo. Columbia began work on the construction job at Lincoln about June 15, 1964, and on June 29th, Garff executed
and forwarded to it a written "purchase order" requiring Columbia, among other things, to provide Workmen's Compensation insurance
coverage and a Performance Bond. Columbia signed the purchase order contract on August 11, 1964. Early in July, Columbia made
application to the State Insurance Fund, State of Idaho, for workmen's compensation which was not granted because a $300.00
deposit did not accompany the application. The deposit was not paid until after the accident involved in the suit herein,
and no Workmen's Compensation Insurance coverage was acquired by Columbia until August 29, 1964.

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