Myco, Inc. v. Super Concrete Co., Inc.

565 A.2d 293 (1989)

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Myco, Inc. v. Super Concrete Co., Inc.

District of Columbia Court of Appeals
565 A.2d 293 (1989)

Facts

Super Concrete Co., Inc. (Super) (defendant) owned a power washer. Super wanted to convert the power washer from gas-driven to electric, so it hired Myco, Inc. (plaintiff) to do the job. Myco converted the power washer successfully. Two years later, Thomas Fugitt, a Super truck driver, was using the power washer to clean his truck when he was electrocuted. Fugitt’s wife received workers’-compensation death benefits from Super, and then she filed a wrongful-death suit against Myco. Myco filed a third-party complaint against Super seeking indemnity or contribution from Super. Myco alleged that Super had altered or modified the power washer in contravention of Myco’s instructions. The trial court granted Super’s motion for summary judgment, holding that workers’-compensation exclusivity barred a third-party suit against an employer for indemnification or contribution. Myco appealed, arguing in part that Super owed Myco a duty to use the power washer in a way to prevent injury and not bring liability on Myco.

Rule of Law

Issue

Holding and Reasoning (Gallagher, J.)

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