State Ex Rel. Department of Forestry v. PacifiCorp

Third-party plaintiff PacifiCorp appeals from a limited judgment dismissing its breach of contract claim against Central Oregon Logging (COL). PacifiCorp alleged that it was entitled to indemnification from COL and assigns error to the trial court’s grant of COL’s motion for summary judgment and to the court’s denial of PacifiCorp’s cross-motion for summary judgment. The trial court determined that the indemnification agreement was unenforceable as a matter of law. We conclude that the trial court erred in its legal analysis as to the general enforceability of the parties’ indemnification…