Transocean Enterprise, Inc. v. Ingalls Shipbuilding, Inc.

GRAVES, Presiding Justice, specially concurring:

¶ 13. Finally, the majority reaches the right result in this case. But, alas, it is for the wrong reason. While I agree that this Court should not consider the applicability of Section 31-5-41 and that Ingalls is entitled to indemnity, I am compelled to explain the reasons for my agreement.

¶ 14. The majority states: “Transocean seemingly has a duty to indemnify Ingalls. This duty, however, arguably could be voided by Mississippi Code Section 31-5-II to the extent that the indemnity provision in the Shipyard Agreement provides for indemnification…