Welker Ex Rel. Bradbury v. Teacher Standards & Practices Commission

*192HASELTON, J.

Plaintiff appeals, assigning error to the trial court’s entry of summary judgment against his claim for indemnity. Plaintiff contends that the trial court erred in holding that plaintiffs statutory indemnity action was barred by disclaimer and “hold harmless” provisions in the contract between Welker, plaintiffs assignor, and defendant. We conclude that there are disputed issues of material fact bearing on whether enforcement of those provisions would impermissibly conflict with fundamental public policies embodied in the Oregon Tort Claims Act (OTCA). Accordingly, we reverse and…