Northwest Airlines v. Hughes Air Corp.

(concurring in the result)—I depart from the majority opinion to the extent that it incorrectly states the second issue as: "whether the indemnification provision is unenforceable as against public policy because it shifts liability for Northwest's sole negligence onto Hughes." This issue is not before us. Whether Walquist's injury was caused by the sole negligence of Northwest has not been determined at this stage of the proceedings.

In its complaint for indemnification, Northwest alleged that Hughes' injured employee, Walquist, was contributorially negligent in causing his injury. Under the…