The opinion
*526 SPAETH, Judge,
concurring:
I concur in the result reached by the majority. The Borough’s action against the School District for indemnity is not barred as res adjudicata because the Borough’s action against the School District for indemnity is different from Mary Antal’s tort action against the Borough and the School District. Hartford Accident & Indemnity Co. v. Levitt & Sons, Inc., 24 F.R.D. 230 (E.D. Pa. 1959) (GOODRICH, J.). See also Kitchen v. Grampian Borough, 421 Pa. 464 , 219 A.2d 685 (1966). Nor is the Borough otherwise estopped from raising the School District’s primary liability for Mary Antal’s injuries. Ayala v. Philadelphia Board of Public Education, 453 Pa. 584 , 305 A.2d 877 (1973), which was decided a year after the School District was granted summary judgment in Antal’s action, constituted a significant change in the law regarding governmental immunity. See generally Piso v. Weirton Steel Co., Div. of National Steel Corp., 235 Pa.Super. 517, 529 , 345 A.2d 728, 734 (1975); Restatement (Second) of Judgments § 68.1 (Tent. Draft No. 3, 1976).