Ethyl Corp. v. Daniel Construction Co.

WALLACE, Justice.

This is a suit on an indemnity contract between an owner and contractor. The case originated from a worker’s compensation claimant’s third-party personal injury claim. The trial court granted indemnity to Ethyl Corporation, the owner. The court of appeals reversed and absolved Daniel Construction Company, the contractor, from any liability for indemnity. 714 S.W.2d 51. We affirm the judgment of the court of appeals and adopt the express negligence test for determining whether the parties to an indemnity contract intend to exculpate the indemnitee from the consequences of its…