Hayes v. Harbor Sand and Gravel
Filed 4/28/06 Hayes v. Harbor Sand and Gravel CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
| DENIS HAYES, Plaintiff, v. HARBOR SAND AND GRAVEL, INC., et al., Defendants. | |
| BELL MARINE CO., INC., et al., Cross-complainants and Respondents, v. RMC PACIFIC MATERIALS, INC., Cross-defendant and Appellant. | A106122 (San Mateo County Super. Ct. No. 419960) |
RMC Pacific Materials, Inc. (RMC) appeals from a summary judgment determining it owed indemnity to Bell Marine Co. (Bell) under an asset purchase agreement. RMC contends the trial court erred in granting summary adjudication to Bell and denying summary judgment to RMC, in awarding an unreasonable sum of damages, and in approving an unconscionable attorney fees award. We affirm.
STATEMENT OF THE CASE AND FACTS
In November 1999, RMC purchased a rock crushing plant from Bell, which it then transferred to its subsidiary, Harbor Sand and Gravel, Inc. (HSG). On January 9, 2001, an HSG employee at the plant, Denis Hayes, lost his left arm in a moving conveyor belt (conveyor #4) while performing maintenance on the machine. According to the president of Bell, the machine had been acquired by Bell in the late 1980's, had not been modified since its installation, and had been regularly maintained and kept in good working condition.
RMC's purchase of the rock crushing plant was documented in a 25-page purchase agreement.[1] RMC acquired the assets covered by the agreement, including the machine on which Hayes was injured, â€
