Legal Opinion
Calkins v. Lorain Division of Koehring Co.
Court of Appeals of Washington
Decided May 23, 1980No. 3424-IIPublishedCited by 18 opinions
1Opinion of the CourtPearson, J.
—Mitchell Brothers Crane Division, Inc. (Mitchell), appeals the dismissal of its third-party indemnity action arising out of its lease of a crane to the Roy T. Earley Company (Earley). The dispositive issue is whether the lease's indemnity provision encompassed Mitchell's liability arising out of the defective condition of the crane. We affirm the dismissal, finding the clause did not indemnify Mitchell for liability incurred due to its lease of an improperly equipped crane.
In May of 1974 Dale Calkins, an employee of Earley, was injured in a crane accident when a tank weighing several tons…
2Cases cited11 opinions
- Seattle-First National Bank v. Shoreline Concrete Co.Washington Supreme Court · 1978
- Stertz v. Industrial Insurance CommissionWashington Supreme Court · 1916
- Jones v. Strom Construction Co.Washington Supreme Court · 1974
- Griffiths v. Henry Broderick, Inc.Washington Supreme Court · 1947
- Tucci & Sons, Inc. v. Carl T. Madsen, Inc.Court of Appeals of Washington · 1970
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Glass v. Stahl Specialty CompanyWashington Supreme Court · 1982
- United Rentals Northwest, Inc. v. Yearout Mechanical, Inc.New Mexico Supreme Court · 2010
- Brown v. Prime Construction Co.Washington Supreme Court · 1984
- McDowell v. AUSTIN COMPANYWashington Supreme Court · 1985
- Northwest Airlines v. Hughes Air Corp.Washington Supreme Court · 1985
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