Union Camp Corp. v. McAbee Const. Co.

• Citation: 465 So.2d 390
• Parties: UNION CAMP CORPORATION v. McABEE CONSTRUCTION COMPANY. 83-1100.
• Decision Date: 08 February 1985
• Court: Supreme Court of Alabama

Page 390

465 So.2d 390

UNION CAMP CORPORATION v. McABEE CONSTRUCTION COMPANY.

83-1100.

Supreme Court of Alabama.

Feb. 8, 1985.

Robert D. Hunter and Sally Sharp Reilly of Lange, Simpson, Robinson & Somerville, Birmingham, for appellant.

William C. Wood of Norman, Fitzpatrick & Wood, Birmingham, for appellee.

FAULKNER, Justice.

Union Camp Corporation appeals from a summary judgment granted in favor of third-party defendant McAbee Construction Company.

On January 11, 1982, Union Camp and McAbee entered into a contract whereby McAbee contracted to clean steel tanks owned by Union Camp. The contract included an indemnity and waiver provision, set forth as follows:

"5. Contractor at all times will indemnify, release, protect, defend and hold Owner, its representatives and agents, harmless from and against any and all loss, liability, expenses, claims or demands arising from bodily injury (including death at any time resulting therefrom) or property damage to any person, including but not limited to Contractor, Subcontractors or Owner, its representatives and agents, and employees of Contractor, Subcontractor or Owner, its representatives and agents, occurring as a direct or indirect result of, or in any manner connected with the performance of this Contract, whether such injury or damage shall be caused by the negligence of Contractor, Contractor's employees, Contractor's subcontractors, or employees of any Contractor's subcontractors hereunder, or Owner's representatives and agent's contributory negligence, and Contractor shall at its expense defend any and all actions based thereon and shall pay all charges of attorneys and all costs and other expenses arising therefrom. The Contractor, in a claim hereunder by the Owner, its agents, officers, directors, employees and assigns, hereby waives any defenses or immunities it may have or assert under the Workmen's Compensation Laws of Alabama and consents to a cause of action for contribution or indemnity and consents to pay any claim, settlement or judgment as is attributable to the Contractor's or its Subcontractor's sole or partial negligence...."

James Hamner, an employee of McAbee, was injured while cleaning one of Union Camp's steel tanks. Hamner and his wife filed a personal injury action against Union Camp and several other defendants, alleging that he was injured in the line and scope of his employment, as a result of the negligence of Union Camp, while working on Union Camp's premises.

Subsequently, Union Camp filed a third-party complaint against McAbee, Hamner's employer. The complaint sought indemnity, in accordance with the contract, for any judgment ultimately obtained by Hamner against Union Camp.

Union...