Owens-Illinois, Inc. v. Gulf Coast Masonry, Inc.

OPINION

BURGESS, Justice.

This is a summary judgment case construing an indemnity provision in a contract. Gulf Coast Masonry, Inc. (Gulf Coast) contracted to repair a lime kiln at the Owens-Illinois, Inc. (Owens) plant near Orange, Texas. One of Gulf Coast’s employees injured himself and initiated suit against Owens. Owens, in turn, filed a third-party action against Gulf Coast for contractual indemnity. Gulf Coast then moved for summary judgment claiming the indemnity provision did not contain “clear and unequivocal” language to render the provision enforceable. The trial court granted the…