Estes Express Lines v. Chopper Express, Inc.

By Judge Randall G. Johnson

This is an action to enforce an indemnification agreement. It is before the court on demurrer. At oral argument on October 18, the court asked counsel to submit memoranda on the effect of the recent Supreme Court case of Safeway v. DPI Midaltlantic, Inc., 270 Va. 285 (2005), on defendant’s demurrer. The court has now considered the memoranda submitted. Plaintiff, Estes Express Lines, Inc., is in the business, inter alia, of leasing trucks. Defendant, Chopper Express, Inc., is a trucking company. On April 15,1996, the parties entered into a lease agreement under…