Safeway, Inc., Defendant/cross-Claimant-Respondent v. Rooter 2000 Plumbing and Drain Sss…

Summary

The New Mexico Supreme Court held that traditional indemnity is unavailable when a jury apportions fault under comparative negligence, and that the contractual indemnification, defense, and insurance provisions are void under NMSA 1978, Section 56-7-1. Accordingly, the Court reversed the Court of Appeals and affirmed the district court’s summary judgment granting Rooter’s motion. The case was remanded for further proceedings consistent with this opinion.