This case originated as a medical malpractice case brought by a Hospital patient who sustained injuries to her hand as a result of a negligently administered IV by an agency nurse. The defendants sued in this action–the Hospital (represented by the firm), the nurse, and the agency which employed the nurse–settled with plaintiff and the Hospital sought to recoup its settlement monies from the negligent nurse and the agency that employed her on theories of common law and contractual indemnity. The trial court partially granted summary judgment in favor of the nurse and the staffing agency finding that the Hospital was not entitled to recoup the monies it paid to settle the action.
On appeal, the Hospital argued that actual wrongdoing or lack thereof determines indemnity rights, not what claims were pled against the Hospital by the plaintiff. And, because there was conflicting evidence on this point and the record contained evidence that the Hospital bore no fault for plaintiff's injuries, summary judgment was improper. In a per curiam decision, the Fourth District agreed with the Hospital, reversing the summary judgment on the common law and contractual indemnity claims.