Safeway, Inc. v. Rooter 2000 Plumbing & Drain SSSAnnotate this Case
This appeal arises out of a cross-claim for contractual and traditional indemnification. Plaintiffs Briana and Jason Fierro alleged they suffered injuries when a baby changing table collapsed in a Safeway store, and that the collapse was the result of negligence on the part of Safeway, Inc. (Safeway) and Rooter 2000 Plumbing and Drain SSS (Rooter). The central issue presented for the Supreme Court's review was whether the right to traditional indemnification was available notwithstanding New Mexico’s adoption of comparative fault where the jury compared and apportioned fault among concurrent tortfeasors. The New Mexico Supreme Court held that traditional indemnity did not apply when the jury finds a tortfeasor actively at fault and apportions liability using comparative fault principles. Another issue on appeal was whether the duty to insure and defend provision of the Standard Service Provider Terms and Conditions Agreement between Rooter and Safeway was void and unenforceable under NMSA 1978, Section 56-7-1 (1971, amended 2005). The Court held that it was, reversed the Court of Appeals, and affirmed the district court’s grant of summary judgment in favor of Plaintiffs.