Zahn v. KROGER CO. OF MICHIGAN

Cimarron Services, Inc.,1 appeals from a judgment in favor of F.H. Martin Construction Company2 requiring Cimarron to indemnify Martin for a share of a settlement that Martin had paid as the result of an injury to an employee in a construction accident. Cimarron alleges that the language of the contract does not control. Instead, Cimarron contends that MCL 600.2956 effectively limits the application of express contractual indemnification clauses, because the statute mandates that parties may only be held responsible for their own pro rata share of the negligence.3 The Court of Appeals…