Section 3.11 Express Contract

• Library: Settling Cases 2014

Counsel should recall that Missouri Pacific Railroad Co. v. Whitehead & Kales Co.,566 S.W.2d 466 (Mo. banc 1978), only applies when one tortfeasor seeks an apportionment of that tortfeasor’s relative fault along with that of other tortfeasors. The right to noncontractual indemnity presupposes actionable negligence of both tortfeasors toward the injured party. Id. at 468. On the other hand, indemnity based on contract ordinarily presupposes that the indemnitee is not independently negligent and is entitled...