Dubois v. Fab-Con, Inc.

I, JOAN BERNARD ARMSTRONG, Judge.

This is an appeal from a judgment in favor of the indemnitee under an indemnity agreement. We review a grant of summary judgment using a de novo standard of review. Fleming v. Hilton Hotels Corp., 99-1996 (La.App. 4 Cir. 07/12/00), 774 So.2d. 174. Because, as a matter of law, enforcement of the indemnity agreement under the circumstances of this case is forbidden by a federal statute, we will reverse and remand for further proceedings.

Chevron USA, Inc. hired Fab-Con, Inc., Rene Cross Construction, Inc. and Epic Divers, Inc. to raise a partly sunken barge. A…