NES Rentals Holdings, Inc. v. Steine Cold Storage, Inc.

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 12-1401
Decision Date: 
April 8, 2013
Federal District: 
N.D. Ind., Ft. Wayne Div.
Dist. Ct. did not err in granting defendant’s motion for summary judgment in action by plaintiff alleging that defendant breached indemnity clause in rental agreement between parties where plaintiff was sued in underlying wrongful death action for providing faulty boom lift that defendant (as employer of underlying plaintiff) had rented from plaintiff. While clause in rental agreement provided that defendant agreed to indemnify plaintiff for all bodily injury claims regardless of whether said injuries were caused by negligence arising out of use or condition of boom lift, Dist. Ct. could properly find that under Indiana law said rental agreement did not expressly state in clear language that defendant had agreed to indemnify plaintiff for plaintiff’s own negligence. Fact that clause contained language that excluded indemnity coverage when plaintiff’s conduct was sole proximate cause of injuries did not require different result.