Perkins v. Rubicon Inc.

LOTTINGER, Judge.

This is an appeal by Barnard and Burk Plant Services, Inc. and Employers National Insurance Company (B & B), from a summary judgment granted in favor of Rubicon Inc., Ron Lane and Louis McBride *763(Rubicon). At issue is an indemnity provision contained in a contract between B & B and Rubicon.

FACTS

B & B and Rubicon are defendants in an action brought by Wiley M. Perkins and his family for the injuries they sustained as a result of the release of phosgene gas at the Rubicon plant at Geismar, Louisiana. On July 28, 1983, Wiley Perkins, B & B’s employee, was working inside a…