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BEITZEL v. CITY OF COEUR D'ALENE

Nos. 18069, 18070.

827 P.2d 1160 (1992)

121 Idaho 709

Robert BEITZEL, Plaintiff-Respondent, v. CITY OF COEUR d'ALENE, General Telephone Company of the Northwest, Inc., and Coeur d'Alene Asphalt, Defendants, and Sheldon V. Orton and Nancy Orton, individually and as Trustees for Orton Utilities Construction, Inc., Defendants-Appellants. Robert BEITZEL, Plaintiff-Respondent, v. CITY OF COEUR d'ALENE and General Telephone Company of the Northwest, Inc., Defendants-Appellants, and Sheldon V. Orton and Nancy Orton, individually and as Trustees for Orton Utilities Construction, Inc., and Coeur d'Alene Asphalt, Defendants-Respondents. CITY OF COEUR d'ALENE and General Telephone Company of the Northwest, Inc., Crossclaimants-Appellants, v. Sheldon V. ORTON and Nancy Orton, individually and as Trustees for Orton Utilities Construction, Inc. and Coeur d'Alene Asphalt, Crossdefendants-Respondents.

Supreme Court of Idaho, Coeur d'Alene, October 1991 Term.

February 19, 1992.

Attorney(s) appearing for the Case

Eismann Law Office, Coeur d'Alene, for defendant-respondent Orton. Samuel D. Eismann, argued.

Charles W. Hosack, Coeur d'Alene, for defendants-appellants City of Coeur d'Alene and General Tel. Co.

Howard & Owens, Coeur d'Alene, for plaintiff-respondent Beitzel. Kenneth B. Howard, Jr., argued.

Quane, Smith, Howard & Hull, Coeur d'Alene, for defendant-respondent Coeur d'Alene Asphalt. Mark A. Lyons, argued.

JOHNSON, Justice.

This is a personal injury case that also involves the right to indemnification. We affirm the judgment in favor of the injured party and rule that two of the parties held liable for the injuries are entitled to be indemnified by the other two parties.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

At approximately 12:30 a.m. on a Monday morning, Robert Beitzel was injured when he drove...

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