Generally, to prevail on an indemnification claim, a plaintiff must prove: 1.) the other tortfeasor was negligent; 2.) the other tortfeasor's negligence, as opposed to the plaintiff's negligence, was the direct, immediate cause of the injury; 3.) the other tortfeasor was in control, to the exclusion of the plaintiff; and 4.) the plaintiff did not know about the negligence and had no reason to anticipate the negligence.
Halica v. Singer
U.S. Court of Appeals for the 2nd Circuit
March 18, 2013