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.