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TUCSON ELEC. v. SWENGEL-ROBBINS CONST.

No. 2 CA-CV 6001.

153 Ariz. 486 (1987)

737 P.2d 1385

TUCSON ELECTRIC POWER COMPANY, Third-Party Plaintiff/Appellee, v. SWENGEL-ROBBINS CONSTRUCTION CO., Third-Party Defendant/Appellant.

Court of Appeals of Arizona, Division 2, Department B.

May 21, 1987.

Attorney(s) appearing for the Case

Kimble, Gothreau, Nelson & Cannon, P.C. by William Kimble and Stephen Kimble, Tucson, for third-party plaintiff/appellee.

Chandler, Tullar, Udall & Redhair by E. Hardy Smith, Tucson, for third-party defendant/appellant.

OPINION

LACAGNINA, Judge.

Swengel-Robbins Construction Company appeals from summary judgment granted in favor of Tucson Electric Power under the indemnity provisions of A.R.S. § 40-360.44(B), claiming that provision of the statute is unconstitutional because it may require Swengel-Robbins to indemnify TEP for its own negligence and because it violates the exclusive remedy provisions of the workers' compensation statutes. We affirm.

Vicki Lynn...

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