DeSilva Gates Construction v. M. Bumgarner, Inc.
DeSilva Gates Construction, L.P. (DeSilva Gates) appeals from a determination of the Alameda County Superior Court, following a jury trial, that subcontractor M. Bumgarner, Inc. (MBI) owed DeSilva Gates neither a duty to defend nor a duty to indemnify under the terms of the subcontract between the two. DeSilva Gates and others had been sued by Ramona Schlicker and other plaintiffs for personal injuries and other damages plaintiffs had sustained in two separate automobile accidents occurring in February 2003 on Interstate 580. The central question presented here is whether the trial court properly allowed the jury to determine whether the plaintiffs' claims â€
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