To prevail on an indemnification claim, a plaintiff must prove: 1.) the other tortfeasor was negligent; 2.) the other tortfeasor's negligence, as opposed to the plaintiff's negligence, was the direct, immediate cause of the injury; 3.) the other tortfeasor was in control, to the exclusion of the plaintiff; and 4.) the plaintiff did not know about the negligence and had no reason to anticipate the negligence.
BVH Integrated Services Inc. v. Tecton Architects Inc.
October 8, 2012