Morton Thiokol, Inc. v. Metal Building Alteration Co.

Opinion

NEWSOM, J.

The question presented by this appeal is whether appellant Morton Thiokol is entitled to contractual indemnity from respon dent Metal Building Alteration Company, despite the jury’s finding that appellant was actively negligent.

The relevant facts may be summarized as follows.

In 1982, Metal Building Alteration Company (hereafter Metal Building or respondent) contracted with appellant to install a new roof at appellant’s salt refinery. In the contract, Metal Building agreed that it had “visited the site and fully” understood “the working conditions and material handling…