 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Pitt v. Tyree Organization Limited2/28/2002
This is a declaratory judgment action involving the interpretation and application of an indemnification provision contained in a construction contract. Defendant, Doug Suess d/b/a Doug Suess Concrete (hereinafter "Suess"), appeals from the final order of the trial court granting summary judgment to both plaintiff, John Pitt, II d/b/a Pitt Excavating (hereinafter "Pitt") and defendant, Tyree Organization Limited (hereinafter "Tyree"). We reverse.
Tenn. R. App. P. 3; Appeal as of Right; Judgment of the Chancery Court Reversed and Remanded
W. Frank Crawford, P.J., W.S., delivered the opinion of the court, in which Alan E. Highers, J. and Holly Kirby Lillard, J., joined.
OPINION
In May of 1999, the general contractor, Tyree, began the construction of an Exxon "Tiger Market" gas station for the owner, Exxon Corporation. The construction site was located at 340 Harding Place, Nashville, Tennessee. In connection with the construction project, Pitt signed a sub-contract presented by Tyree for performance of certain excavating work at the construction site. Likewise, Suess signed a sub-contract presented by Tyree for performance of certain concrete work at the construction site. Both sub-contracts presented by Tyree contain an identical indemnification provision which provides:
1. Indemnification. Subcontractors agrees, (sic) to the fullest extent permitted by law, to defend, indemnify and hold harmless, the Contractor (including the affiliates, parents and subsidiaries, their agents and employees) and other Contractors and Subcontractors and all of their agents and employees and when required by the Contractor, by the Contractor documents, the Owner, the Architects' consultants, agents and employees from and against all claims, lawsuits, damages, loss and expenses, including but not limited to attorney fees, rising out of or resulting from the performance of the Subcontractor provided that:
(a) Any such claim, lawsuit, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Subcontractor's work itself) including the loss of use resulting therefrom, to the extent caused or alleged to be caused in whole or part by any negligent act or omission of the Subcontractor or anyone directly or indirectly employed by the Subcontractor or for anyone for whose act the Subcontractor may be liable, regardless of whether it is caused in part by a party indemnified hereunder; and
(b) Any such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this agreement.
According to Pitt's petition for declaratory judgment, on August 16, 1999, Suess suffered personal injuries while on the construction site when an excavator operated by Pitt backed over him. On February 1, 2000, Suess filed a personal injury complaint in the Circuit Court for Davidson County, Tennessee against the following defendants: Jesse Brogdon, the alleged driver of the excavator and an employee of Pitt; Pitt; Tyree and Exxon Corporation. In his complaint, Suess seeks damages for the personal injuries he suffered as a result of the defendants' alleged negligence and recklessness. All of the defendants filed answers to Suess's personal injury complaint alleging that Suess caused his own injuries for which damages are claimed in the personal injury action. By letter dated February 8, 2000, counsel for Tyree demanded that Pitt assume Tyree's defense in Suess's personal injury action and indemnify Tyree in accordance with the indemnification provis
Page 1 2 3 4 5 6 7 8 9 Tennessee Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|