Black Diamond Coal Mining Co. v. USX Corp.

SHORES, Justice.

This case involves the enforcement of an indemnity provision included in the service contract made between Black Diamond Coal Mining Company, the contractor (hereinafter “Black Diamond”), and United States Steel Corporation, the predecessor to USX Corporation and owner of the property to be mined (hereinafter “USX”). A wrongful death action was filed against USX. Black Diamond was later added as a party defendant. The decedent’s representative alleges that the death occurred as a result of a dangerous condition on the property owned by USX and mined by Black Diamond. Pursuant…