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United Tel. Co. of Ohio v. Williams Excavating12/31/1997
Bischoff on the underlying claims, the court concluded that there were no "negligence, errors or omissions of the engineer" in this case. Consequently, the trial court denied Southwest's claim against Bischoff for legal fees.
Upon reviewing the indemnification clause as a whole, we find that the trial court reasonably interpreted it. However, because we have determined that the trial court improperly granted a directed verdict in Bischoff s favor, we must find that the trial court's ultimate ruling as to Southwest's claim for indemnification is erroneous. That claim will have to be redetermined based upon the outcome of the new trial. Therefore, to the extent indicated, Southwest's assignment of error is sustained.
In sum, we reverse the order of the trial court directing a verdict against Williams and Southwest and therefore grant a new trial on that basis. Due to erroneous instructions to the jury, we also reverse the jury verdict as to Williams's breach-of-contract claim against Southwest, as well as Williams's negligence claims against United Telephone, and remand for a new trial. However, the judgment of the trial court denying United Telephone's motion for summary judgment is affirmed. Finally, as to Southwest's appeal regarding indemnification from Bischoff, the judgment of the trial court is affirmed in part and reversed in part in accordance with this opinion.
Judgment affirmed in part, reversed in part and cause remanded.
THOMAS F. BRYANT and HADLEY, JJ., concur.
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