H & H Painting & Waterproofing Co. v. Mechanic Masters, Inc.

The issue in this case is whether, in a lease for construction equipment, the lessee agreed to indemnify the lessor for the lessor’s own negligence. We hold that the lease lacked the clear and unequivocal language required to create an indemnity obligation.

Appellee, Mechanic Masters, Inc., is in the business of renting heavy equipment and lifts. Appellant, H & H Painting & Waterproofing Co., leased a 20-foot scissor lift from Mechanic Masters for $350 per month. The back of the lease agreement contained an indemnity provision, which provided in pertinent part that:

Lessee shall indemnify and…