MITCHELL v. VALERIO

No. 19837.

858 P.2d 822 (1993)

124 Idaho 283

Yolanda Waechter, individually and as personal representative of the estate of Daniel William Waechter, deceased, Plaintiffs, v. Thomas A. Mitchell and Jane Doe Mitchell, and the marital community, Defendants-Appellants. Thomas A. MITCHELL and Jane Doe Mitchell, and the marital community, Third Party Plaintiffs-Appellants, v. Joyce VALERIO, Richard Babin, d/b/a Babin's Bar, Leila Grebil, d/b/a Bedroom Bar, J.D. Cantamessa, d/b/a Excell Foods Store, Bill Delbridge and Sharon Blacketer, Faith Ison, a/k/a Faith Isom d/b/a Albert's Bar, and Lisa Bennet, Third Party Defendants-Respondents, and Jo Babin and Delmar A. Howard, Third Party Defendants.

Court of Appeals of Idaho.

August 11, 1993.


Attorney(s) appearing for the Case

Eugene L. Miller, Coeur d'Alene, argued for appellants.

Quane, Smith, Howard & Hull, Coeur d' Alene, for respondent Babin. Douglas S. Marfice argued.

Randall and Danskin, Spokane, WA, for respondents Cantamessa, Delbridge and Blacketer. Keith D. Brown argued.

Faith Ison, pro se.

Lisa Bennet, pro se.


CAREY, Judge, Pro Tern.

This is an appeal from a judgment dismissing a third-party complaint. The question presented is whether an attorney who is the subject of a malpractice claim may seek indemnity from parties he allegedly failed to sue on behalf of his client in a timely fashion. The judgment is affirmed.

FACTS AND PROCEEDINGS BELOW

Daniel Waechter was struck and killed by a drunken motorist. His widow, Yolanda Waechter, retained the services...

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