J.S. Alberici Construction Company2/7/2000
Submitted: January 19, 2000
Appeal from Superior Court. REVERSED and REMANDED.
This is an interlocutory appeal from a Superior Court ruling in a personal injury action. The court held, inter alia, that a subcontractor/defendant has a duty to defend a contractor/co-defendant under an indemnification agreement for the contractor's own negligence. In so holding, the Superior Court rejected the subcontractor's contention that the agreement should be interpreted under Delaware rather than Kansas law.
We conclude that the Superior Court's decision to interpret the indemnification agreement under Kansas law was in error because that State's law permitting contractual indemnification for one's own negligence is clearly repugnant to the legislatively-defined public policy of Delaware. Accordingly, we reverse and remand this action for further proceedings.
I.
The Superior Court's ruling was made in the context of cross-motions for summary judgment in which the following facts were undisputed. The Chrysler Corporation ("Chrysler"), a Delaware corporation with its corporate headquarters in Michigan, began a refurbishing project at its assembly plant in Newark, Delaware in April 1994. In furtherance of this project, Chrysler hired Midwest Conveyor International, Inc., ("Midwest"), a Delaware corporation with its corporate headquarters in Kansas, as the general contractor. Midwest, in turn, hired several subcontractors, including J. S. Alberici Construction Company ("Alberici"), a company headquartered and incorporated in Missouri, to perform demolition and rehabilitation work at the plant.
All of the subcontracting companies were required to sign a subcontractual agreement containing the following indemnification provision:
The SUBCONTRACTOR shall indemnify, hold harmless and defend MID-WEST and the OWNER, their respective employees, agents, servants, and representatives from and against any and all losses, damages, expenses, claims, suits and demands of whatever nature resulting from damages or injuries, including death, to any property or persons, caused by or arising out of any action, omission or operation under this Subcontract or in connection with the work attributable to the SUBCONTRACTOR, any of its subcontractors, any of its materialmen, any of their respective employees, agents, servants, and representatives, or any other person, including MID-WEST and the OWNER, their employees, agents, servants, and representatives, provided, however, that the SUBCONTRACTOR shall not be required to indemnify MID-WEST or the OWNER or their respective employees, agents, servants, and representatives hereunder for any damages or injuries, including death, to any property or persons caused solely and exclusively by the negligence of either MID-WEST or the OWNER or their respective employees, agents, servants and representatives.
The agreement also recited that it would be construed under the laws of the State of Kansas.
On July 10, 1994, Ronald Al-Uqdah, a worker involved in the refurbishment project, was injured after falling through a metal plate which had not been securely fastened. Alberici was responsible for maintenance in the area where Al-Uqdah was injured. On July 10, 1996, Al-Uqdah and his wife filed a personal injury action in Superior Court naming Chrysler, Midwest, and Alberici as defendants.
On October 25, 1996, Midwest filed a cross-claim against Alberici for contribution and/or indemnification pursuant to the subcontract agreement. Soon after, both Midwest and Alberici filed cross-motions for summary judgment. In its motion, Alberici argued that the indemnification provision was cont
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