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Wilson v. Anderson-Columbia Co. Inc.

The plaintiffs could not recover damages in their injury suit against the defendant, since the third-party defendant was liable to the defendant by default and the plaintiffs previously agreed to indemnify the third-party defendant from any further liability.

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Bruce and Robert Wilson1 sued Anderson-Columbia Co.2 claiming its negligence while performing road construction on Interstate 75 caused a traffic backup which was a proximate cause of an automobile accident in which their mother was killed when her car was struck from the rear by a tractor-trailer truck. Prior to filing the suit, the Wilsons settled their claims against William Yaun the truck driver, Taylor Transport Yaun’s employer, and Transportation Cas. Ins. Co. their insurer. In consideration of the payment of $345,000, the Wilsons entered into a release and indemnification agreement with all three of these parties releasing them from further liability arising from the accident, and agreeing to indemnify them and hold them harmless as to any claim subsequently brought against them by others asserting liability on the basis of contribution, subrogation, or indemnity. The agreement specifically recognized the possibility that the parties may be involved as third-party defendants in future litigation brought by the Wilsons against other joint tortfeasors allegedly responsible for the accident. The agreement stated that its intent was

that notwithstanding any such future claims for contribution or indemnity that the parties will not be liable for any amounts arising out of the claims related to the accident in excess of the $345,000.00 which is being paid pursuant to this Release and Indemnification Agreement.

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