Norkus v. General Motors Corporation

• Decision Date: 28 June 1963
• Docket Number: No. IP 62-C-79.,IP 62-C-79.
• Citation: 218 F. Supp. 398
• Parties: Walter NORKUS, Plaintiff, v. GENERAL MOTORS CORPORATION, Defendant, v. The ROBERT CARTER CORPORATION, Third-Party Defendant.
• Court: U.S. District Court — Southern District of Indiana

218 F. Supp. 398

Walter NORKUS, Plaintiff, v. GENERAL MOTORS CORPORATION, Defendant, v. The ROBERT CARTER CORPORATION, Third-Party Defendant.

No. IP 62-C-79.

United States District Court S. D. Indiana, Indianapolis Division.

June 28, 1963.

Arthur L. Payne, Indianapolis, Ind., for plaintiff.

Locke, Reynolds, Boyd & Weisell, Indianapolis, Ind., for General Motors Corporation.

Ross, McCord, Ice & Miller, Indianapolis, Ind., for third-party defendant Robert Carter Corporation.

STECKLER, Chief Judge.

This cause came before the court upon the motion of the third party defendant, The Robert Carter Corporation, to dismiss the third party complaint upon the ground that such complaint fails to state a claim upon which relief can be granted, because the indemnity agreement which is the basis of the third party complaint does not provide for indemnity for the indemnitee's own negligence. After considering the motion, together with the briefs in support thereof, and in opposition thereto, and being duly advised in the premises, the motion is hereby granted and the third party complaint is ordered dismissed.

The original complaint is a claim for damages by the plaintiff, Walter Norkus, an employee of The Robert Carter Corporation, against the defendant and third party plaintiff, General Motors Corporation, for damages for personal injuries allegedly sustained by such employee while engaged in the services of The Robert Carter Corporation upon the premises of, and allegedly caused by the negligence of, General Motors Corporation. The third party complaint alleges that Walter Norkus filed a complaint against General Motors Corporation; that General Motors Corporation entered into a contract with the DeVilbiss Metal Fabricators Company (not a party to this action), by the terms and conditions of which, certain labor, equipment and material was fabricated, delivered and installed at a plant operated by General Motors; that DeVilbiss Metal Fabricators Company entered into a subcontract with The Robert Carter Corporation for the performance of certain portions of the contract above mentioned; that Walter Norkus, at the time of the performance of the work was an employee of The Robert Carter Corporation; and that under and pursuant to the terms and provisions of the agreement entered into by The Robert Carter Corporation, that corporation agreed, among other things, that:

"Subcontractor shall indemnify and save DeVilbiss and any owner harmless against all claims for damages to property or injuries to persons (including DeVilbiss and owner's employees) growing out of the execution of the work. Until completion and final acceptance of the work subcontractor shall maintain compensation insurance covering his employees and general and automobile liability insurance against all claims for damages for personal injury or death suffered by persons other than his employees, or damage to property growing out of the execution of the work; such insurance shall be carried in a company or companies and as to liability insurance in such amounts as are acceptable to DeVilbiss. Before commencing the work, subcontractor shall furnish a certificate from his insurance carrier showing that he has complied with the foregoing provisions of this article and providing that such policies will not be changed or cancelled during their term until after at least ten days' written notice to DeVilbiss. In the event of failure of subcontractor to furnish and maintain such insurance, DeVilbiss shall have the right to take out and maintain such insurance for and in the name of subcontractor and subcontractor agrees to pay the cost thereof and to furnish all necessary information to permit DeVilbiss to take out and maintain such insurance for his account. Compliance with the foregoing

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