Daniel Construction Co. v. Ethyl Corp.

OPINION

ROBERTSON, Justice.

The issue presented by this appeal is whether appellant Daniel, as contractor, is liable to appellee Ethyl, as owner, under a contract of indemnity for injuries suffered by appellee Metcalf, an employee of appellant Daniel. Appellee Ethyl brings a cross-point contending that if we determine it is not entitled to full indemnity that it is entitled to contribution from Daniel based upon the percentage of Daniel’s negligence as found by the jury. We hold Ethyl is not entitled to indemnity or contribution and reverse and render.

The facts are not in dispute. Daniel and…