Welker Ex Rel. Bradbury v. Teacher Standards & Practices Commission

The majority concludes that a private contractor’s agreement to hold harmless and indemnify the state agency with which he contracted is contrary to the indemnity provisions of the Oregon Tort Claims Act (OTCA) and offends public policy to such a degree that the court may invalidate or refuse to enforce the agreement. I do not agree with that conclusion, and I therefore dissent.

There is no difference between the majority’s and my understanding of what the relevant principles of law are. My disagreement is with the way that the majority applies those principles here. The majority correctly…