Callahan v. A. J. Welch Equipment Corp.

The principal issues raised by this appeal are (1) whether the indemnity clause of a construction subcontract requires the subcontractor to indemnify the general contractor for its tort liability to the plaintiff whose injury a jury attributed to the concurrent conduct of the subcontractor, another subcontractor and the general contractor and (2) whether an indemnitor may obtain contribution from its indemnitee under the provisions of G. L. c. 23IB, § 1(e).* 2 3****We summarize the procedural and undisputed factual history of the case.

The plaintiff broke his leg while working for the Sutton…