Bet Plant Services, Inc. v. W.D. Robinson Electric Co.

ORDER

NORTON, District Judge.

This action is before the court on Defendant’s Motion to Dismiss or in the alternative for Judgment on the Pleadings.

I. Background

Defendant contracted with Plaintiff for the rental of a lift to be used on certain contracting jobs. The parties’ agreement contains a clause which provides for indemnification of Plaintiff by Defendant in the event that Plaintiff must pay damages for any occurrence arising out of the use of the equipment during the rental period. The agreement also states that Defendant must properly instruct its employees in the use of the equipment…