NES Rentals Holdings, Incorpor v. Steine Cold Storage, Incorpora

WILLIAMS, Circuit Judge.

Humberto Menendez tragically died from injuries he suffered while operating a forty-foot boom lift. His employer, Steine Cold Storage, Inc., had rented the lift from NES Rentals. Menendez’s family filed suit against NES and others, alleging that their negligence caused the death. NES then sought indemnification from Steine pursuant to an indemnification clause in the rental agreement for the boom lift. Indiana courts allow a party to contract to indemnify for the other party’s own negligence but have said that doing so is a “harsh burden” that' a party would not…