Legal Opinion

Coulter v. Dayton Power Light Company

Ohio Court of Appeals

Decided July 30, 1999No. C.A. Case No. 17602. T.C. Case No. 95-0985PublishedCited by 5 opinions

1Opinion of the Court

Wolff, Judge.

The Dayton Power & Light Co. (“DP&L”) appeals from a judgment of the Montgomery County Court of Common Pleas, which entered judgment in favor of the Ohio Bell Telephone Co. (“Ohio Bell”), in a dispute over the applicability of a contractual indemnification provision.

The facts giving rise to this appeal are as follows.

In 1993, DP&L granted Ohio Bell an easement to use DP&L’s land to install a fiber-optic cable. In the agreement, Ohio Bell agreed to indemnify DP&L for any loss, damage, or expense related to the easement. Two workers were subsequently injured while excavating the…

2Cases cited5 opinions

  1. General Accident Fire & Life Assurance Corporation, Limited v. Smith and Oby Company, (Two Cases)Court of Appeals for the Sixth Circuit · 1959
  2. Glaspell v. Ohio Edison Co.Ohio Supreme Court · 1987
  3. Lamb v. Armco, Inc.Ohio Court of Appeals · 1986
  4. Teledyne Osco Steel v. WoodsOhio Court of Appeals · 1987
  5. Moore v. Dayton Power & Light Co.Ohio Court of Appeals · 1994

3Cited by5 opinions

  1. Cintas Corp. No. 2 v. Becker Property Services LLCWisconsin Supreme Court · 2018
  2. Bank One, N.A. v. Echo Acceptance Corp.District Court, S.D. Ohio · 2007
  3. Chiquita Fresh North America, L.L.C. v. Greene Transport Co.District Court, N.D. California · 2013
  4. Cintas Corp. No. 2 v. Becker Property Services LLCWisconsin Supreme Court · 2018
  5. Hayslip v. Genuine Parts Company d/b/a NAPA and/or RMDSDistrict Court, S.D. Ohio · 2019

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