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CHARLOTTE MOTOR SPEEDWAY, INC. v. TINDALL CORP.

No. COA08-600.

672 S.E.2d 691 (2009)

CHARLOTTE MOTOR SPEEDWAY, INC. and Charlotte Motor Speedway, LLC, Plaintiffs, v. TINDALL CORPORATION, formerly Tindall Concrete Products, Inc., Defendant.

Court of Appeals of North Carolina.

February 3, 2009.

Attorney(s) appearing for the Case

Parker Poe Adams & Bernstein, L.L.P., by David N. Allen, Lori R. Keeton, and Jason R. Benton, Charlotte, for plaintiffs.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by James T. Williams, Jr. and Reid L. Phillips, Greensboro, for defendant.

WYNN, Judge.

"There can be no implied contract where there is an express contract between the parties in reference to the same subject matter."1 Plaintiffs Charlotte Motor Speedway, Inc. and Charlotte Motor Speedway, LLC ("Speedway") argue that they are entitled to implied-in-law indemnification from Defendant Tindall Corporation ("Tindall") because their liability is derivative to Tindall's negligence. Because Speedway and Tindall executed...

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