Opinion

Deskiewicz v. Zenith Radio Corp.

  • 385 Pa. Super. 374
  • 561 A.2d 33
  • 1989 Pa. Super. LEXIS 1822
Court
Supreme Court of Pennsylvania
Filed
Jun 26, 1989
Status
Published
Author
McEWEN
On the bench
Brosky, McEwen, Olszewski
Cited by
18 cases

concluding that indemnification clauses are enforceable to cover injuries arising from indemnitor’s negligence or joint negligence of indemnitor and indemnitee

How later courts described this case

  • concluding that indemnification clauses are enforceable to cover injuries arising from indemnitor’s negligence or joint negligence of indemnitor and indemnitee
  • same contract language found to provide indemnification to indemnitee who was partly negligent
  • contractor required to indemnify in-demnitee for indemnitee’s own negligence under agreement entitling indemnitee to indemnification if the event triggering liability was “caused in whole or in part” by contractor’s conduct
  • employee was injured while actually performing work described in contract

Written by the judges who cited it.

The opinion

McEWEN, Judge,

concurring:

I write only to assure that the insightful analysis of the indemnification issue provided in the majority opinion does not obscure the particular conclusion which I find controlling, namely, that the contract between the parties revealed their expectation that IPS would be bound to indemnify Zenith for liability imposed upon Zenith where IPS was at least partly responsible, and where Zenith was not wholly responsible, for the injuries suffered by a claimant.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.