Thompson v. Budd Co.

OPINION

GILMAN, Circuit Judge.

This appeal involves a dispute between The Budd Co. and Merrick Mechanical, Inc. regarding the applicability of an indemnity clause contained in the maintenance service contract governing their relationship. One of Merrick’s employees filed suit against Budd arising out of personal injuries incurred when the employee was working on Budd’s premises. According to the contract, Merrick agreed to indemnify Budd for all of the latter’s costs, damages, and attorney fees relating to personal injury claims, even those incurred as a result of Budd’s own negligence, so long…