LIBERTY MUTUAL INS. CO. v. WESTERLIND


374 Mass. 524 (1978)

373 N.E.2d 957

LIBERTY MUTUAL INSURANCE COMPANY vs. WILLIAM F. WESTERLIND.

Supreme Judicial Court of Massachusetts, Worcester.

March 2, 1978.


Attorney(s) appearing for the Case

Edward P. Healy (Joseph F. Sawyer, Jr., with him) for the defendent.

Robert G. Larkin, Jr., for the plaintiff.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & ABRAMS, JJ.


ABRAMS, J.

The defendant William F. Westerlind (Westerlind) challenges the denial of his motion to implead Brisk Waterproofing Co. Inc. (Brisk) as a third-party defendant.

A Superior Court judge ruled that Westerlind could not press his claim for either contribution or indemnification if the proposed third-party defendant is an employer who has paid workmen's compensation benefits to an employee. The judge filed...

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