Speedway Superamerica, LLC v. Erwin

OPINION

ACREE, Judge.

Speedway SuperAmerica, LLC, appeals from an order of the Greenup Circuit Court dismissing its counterclaim against Sebert L. Erwin. We affirm.

The facts are not in dispute. Speedway completed its own pre-printed “Basic Service Contract” to be executed by Erwin, a 55-year-old man with an eighth grade education. The contract described Erwin’s “Scope of Work” as “General Contracting,” referred to thereafter as the “Work.” The specific terms at issue are in Sections 5 and 6.

5. INDEMNIFICATION: YOU AGREE TO PROTECT, INDEMNIFY, HOLD HARMLESS AND DEFEND US, OUR OFFICERS, DIRECTORS…