Sweet v. Colborn School Supply, Burlington Northern Inc.

Joanie Sweet (Sweet) sued Burlington Northern, Inc. (BN) and Colborn School Supply and M & L Realty Co. (Colborn) in Yellowstone County District Court for personal injuries suffered while crossing the BN track adjacent to the Colborn Building located on BN property. BN settled by the payment of $60,000 to Sweet. BN cross claims against Colborn claiming indemnification under the BN-Colborn lease. The District Court granted summary judgment to Colborn against BN on the cross claim. BN appeals. We affirm the District Court.

The issues are:(1) Does the BN-Colborn lease indemnify BN against damages…