Legal Opinion · Dissent

Snohomish County Public Transportation Benefit Area Corp. v. Firstgroup America, Inc.

Washington Supreme Court

Decided February 23, 2012No. 83795-3Published

1DissentStephens, J.

¶52 (dissenting) — This case turns on whether the parties’ indemnity provision clearly and unequivocally required First Transit to indemnify against losses caused by Community Transit’s negligence. The majority holds it does, relying on decisions from other jurisdictions. Whatever the rule may be in other jurisdictions, this court has held that indemnity provisions covering losses that result from the indemnitee’s own negligence “are not favored and are to be clearly drawn and strictly construed, with any doubts therein to be settled in favor of the indemnitor.” Jones v. Strom Constr. Co., 84…

2Cases cited18 opinions

  1. Ethyl Corp. v. Daniel Construction Co.Texas Supreme Court · 1987
  2. In Re Stranger CreekWashington Supreme Court · 1970
  3. State v. BarberWashington Supreme Court · 2011
  4. Atlantic Richfield Co. v. Petroleum Personnel, Inc.Texas Supreme Court · 1989
  5. Jones v. Strom Construction Co.Washington Supreme Court · 1974

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