ROBERT J. SPEERS v. H. P. HOOD, INC.; BLOOM, SOUTH & GURNEY, INC., third-party defendant, 22 Mass. App. Ct. 598

Summary

The corporation entered into a contract with the contractor to perform grouting work in one of the corporation's plants. A contract provision provided indemnity to the corporation for the negligence of the contractor or its agents, and provided for risk insurance to be paid by the contractor. The injured employee of the contractor worked on the job and suffered burns that might have been traceable to a chemical tank that was nearby. The injured employee brought a negligence action against the corporation. The corporation impleaded the contractor under the indemnity provision of the contract. The trial court granted the corporation's motion for summary judgment against the contractor on its proposition that the contract provided indemnity even should the injured employee recover a judgment that found the corporation solely negligent. The court affirmed. The court found that the risk insurance provisions made the indemnity provisions also applicable to the negligence of the indemnitee ...