CONSOL. UTIL. EQUIPMENT SERV'S, INC. v. EMHART MFG. CORP.

No. 81-402

123 N.H. 258 (1983)

CONSOLIDATED UTILITY EQUIPMENT SERVICES, INC. v. EMHART MANUFACTURING CORPORATION

Supreme Court of New Hampshire.

April 29, 1983


Attorney(s) appearing for the Case

Wadleigh, Starr, Peters, Dunn & Kohls, of Manchester (John A. Lassey on the brief and orally), for the plaintiff.

Ransmeier & Spellman, of Concord (John C. Ransmeier on the brief, and Lawrence E. Spellman orally), for the defendant.

Nighswander, Martin, KillKelley & Kidder P.A., of Laconia (David J. KillKelley on the brief and orally), for Mary M. Brown, administratrix of the estate of Ronald R. Brown.

Aeschliman & Tober, of Portsmouth (Nicholas R. Aeschliman on the brief and orally), for the New Hampshire Trial Lawyers Association, as amicus curiae.

A. J. McDonough P.A., of Manchester, & a. (Kenneth G. Bouchard on the brief and orally), for certain members of the defense bar of the State of New Hampshire, as amicus curiae.

Brown and Nixon P.A., of Manchester (Leslie C. Nixon and Mark H. Campbell on the brief), by brief for Elmer H. York, administrator of the estate of James E. York, & a., as amici curiae.

Kearns, Colliander, Donahue & Tucker P.A., of Exeter (David S. Brown on the brief), by brief for Collectramatic, Inc., as amicus curiae.

Orr and Reno P.A., of Concord (William L. Chapman on the brief), by brief for Correct Manufacturing Corporation, as amicus curiae.

Sulloway, Hollis & Soden, of Concord (John W. Mitchell on the brief), by brief for the American Insurance Association and the Alliance of American Insurers, as amici curiae.


BROCK, J.

The plaintiff, Consolidated Utility Equipment Services, Inc. (CUES), appeals from the Trial Court's (DiClerico, J.) dismissal of its indemnity action against the defendant, Emhart Manufacturing Corporation. We affirm.

In October 1976, Ronald Brown, an employee of Trees, Inc., was killed when a hydraulic bucket-lift device (known as a "sky-worker"), in which he was riding, collapsed. Approximately...

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