Kroger Company v. Roy Crosby Company

JAMES D. CLEMENS, Special Judge.

Plaintiff Kroger Company appeals from a summary judgment rendered against it. Kroger had paid one John Murphy $8,500 to settle his claim for injuries received while working atop its store building. Kroger had leased the premises from defendant Roy Crosby Company, and now sues to compel Crosby to indemnify it for its loss, claiming that Crosby had failed to maintain the premises in a safe condition as required by their lease.

In its motion for summary judgment defendant Crosby claimed that the supporting documents showed that Crosby was not liable under its lease…