Payne & Keller, Inc. v. P.P.G. Industries, Inc.

OPINION

COOK, Justice.

At issue is whether a sole negligence exception in an indemnity contract is triggered when the indemnitee’s negligence is the only negligence found to have been a proximate cause of the occurrence in question. Respondent P.P.G. Industries, Inc. filed a third-party indemnity claim against petitioner Payne & Keller, Inc. The trial court denied P.P.G. such indemnity, but the court of appeals reversed that judgment. We reverse the judgment of the court of appeals and affirm that of the trial court.

Pursuant to its contract for maintenance work at P.P.G.’s chemical plant, Payne…