JEFFREY PONDER VERSUS SDT WASTE & DEBRIS SERVICES, L.L.C. AND/OR PROGRESSIVE WASTE SOLUTIONS OF LA, INC. AND GREENWICH INSURANCE COMPANY, 2017 La. App. LEXIS 1493

Summary

HOLDINGS: [1]-An employer's agreement to indemnify a waste company, whose dumpster injured an employee, for any and all liability did not include losses caused by the waste company's own negligence because the indemnity provision only addressed the risk of liability arising out of the use of the dumpster; [2]-Contractual language purporting to transfer the custody of the dumpster to the employer was not sufficient to give rise to an indemnity obligation extending to losses resulting from the waste company's own negligence under La. Civ. Code Ann. arts. 2317.1 , 2323 and 2324; [3]-It was error to award attorney fees and costs to the waste company because the employer had no obligation to defend it; [4]-Material issues of fact remained regarding the transfer of custody, maintenance of the dumpster, and the allocation of fault between the waste company and the employer.