Wolfe v. Canal Marine Repair, Inc.

JiPLOTKIN, Judge.

Defendant Canal Marine Repair Inc. (CMR) appeals a trial court judgment granting a motion for summary judgment in favor of defendant Lash Marine Services Inc. (LMS). The sole issue is whether the indemnity provision of the “Contract for Refurbishing of Lash Barges” between the two parties requires CMR to indemnify LMS even without a determination of liability on the part of CMR. The trial court found that the contract did require CMR to indemnity LMS, regardless of fault on the part of CMS. For the reasons which follow, we reverse.

Facts

This controversy was initiated when…