(Download) "Ford v. Clark Equipment Company Trim v." by Court of Appeals of Michigan ~ eBook PDF Kindle ePub Free
eBook details
- Title: Ford v. Clark Equipment Company Trim v.
- Author : Court of Appeals of Michigan
- Release Date : January 28, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Robert L. Ford was killed and Lee Trim injured in a fall from a platform. The two men were employees of B. L. Harroun & Son, Inc., which had contracted to install an overhead sprinkler system in a factory building owned by Clark Equipment Company. The accident occurred when a rope hanging from the ceiling-level platform on which the men were working was caught on a hi-lo being driven by a Clark employee, jerking the platform and causing the men to lose their balance. Nancy A. Ford, as administratrix of Ford's estate, and Lee Trim and Julie Trim, brought separate actions against Clark for damages for negligence. Clark demanded that Harroun assume the defense of the suits pursuant to an indemnity clause contained in the contract. Harroun refused to assume the defense and Clark brought third-party actions against Harroun alleging its right to indemnification both under the contract and at common law. Clark reached proposed settlements with the plaintiffs and informed Harroun of its intent to settle unless Harroun assumed the defense. Harroun again refused the tender of defense, Clark settled the suits, and the third-party action went to trial. The Berrien Circuit Court, Zoe S. Burkholz, J., entered a judgment of no cause of action in favor of Harroun. Clark appeals, and the cases were consolidated for hearing. Held : 1. The contractual indemnity clause is governed by a statute which voids a promise in a construction contract to indemnify the promisee against liability for damages for injury resulting from the sole negligence of the promisee. In this case the indemnity agreement purported to indemnify Clark in the event an injury was caused in whole or in part by Clark. The clause is severable. The statute renders void and unenforceable the clause insofar as it relates to Clark's sole negligence. The promise to indemnify if Clark was partially responsible for the injury is not voided by the statute and is enforceable.
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