Industrial Tile, Inc. v. Stewart

I concur in Part I of the opinion, affirming the judgment below on the evidentiary question. I dissent as to Part II, reversing the judgment on the indemnity contract issue.

While I agree with the majority's statement of our case law's evolvement of the general rule, I would add that its application has not produced a model of consistency. Indeed, it is a fair summary to observe that the "strict construction" of these indemnity contracts evinces their strong disfavor by the courts. So much so, in fact, that Alabama Great SouthernRailroad Co. v. Sumter Plywood Corp., 359 So.2d 1130 (Ala. 1978),…