Anthony G. White v. Quechee Lakes Landowners'…

Summary

The court affirmed summary judgment for Helo, holding that Quechee Lakes could not obtain implied indemnification for the settlement of the wrongful-death action. Quechee Lakes bore the burden of establishing entitlement to equitable indemnification, and the undisputed evidence showed that it had acquiesced in obvious sauna conditions for more than twenty years and could not establish that it was merely vicariously liable. The court also held that the superior court properly considered the underlying trial record and could resolve the indemnity claim on an element not specifically emphasized in Helo's motion.