context: If plaintiffs prevail on their theory that RSC was solely liable for the Davidson accident, they cannot, as a matter of law, prove the first element of indemnity, that they discharged a legal obligation owed to the Davidsons.
citation_a.signal: see also
citation_a.parenthetical: indemnity claim failed for lack of evidence that plaintiff was negligent or caused third party's injuries
citation_a.sentence: See Mayorga, 2007 WL 204017 at *9 (common law indemnity claim “cannot be sustained if the [party seeking indemnity] could not have been hable to the [injured] party for the legal obligation satisfied”); see also Irwin Yacht Sales Inc. v. Carver Boat Corp., 98 Or.App. 195, 198, 778 P.2d 982 (1989)(in-demnitee not entitled to indemnity unless it is liable to the injured third party); Smith v. Urich, 151 Or.App. 40, 947 P.2d 1125 (1997)(indemnity claim failed for lack of evidence that plaintiff was negligent or caused third party’s injuries).
citation_b.signal: see
citation_b.identifier: 2007 WL 204017, at *9
citation_b.parenthetical: common law indemnity claim "cannot be sustained if the [party seeking indemnity] could not have been hable to the [injured] party for the legal obligation satisfied"
citation_b.sentence: See Mayorga, 2007 WL 204017 at *9 (common law indemnity claim “cannot be sustained if the [party seeking indemnity] could not have been hable to the [injured] party for the legal obligation satisfied”); see also Irwin Yacht Sales Inc. v. Carver Boat Corp., 98 Or.App. 195, 198, 778 P.2d 982 (1989)(in-demnitee not entitled to indemnity unless it is liable to the injured third party); Smith v. Urich, 151 Or.App. 40, 947 P.2d 1125 (1997)(indemnity claim failed for lack of evidence that plaintiff was negligent or caused third party’s injuries).