Armco Steel Corp. v. Roy H. Cox Co.

This is an appeal from a summary judgment in favor of cross-defendant Roy H. Cox Company, Inc. (Cox) and against Armco Steel Corporation (Armco) cross-complainant and appellant.

Armco employed Cox to clean and paint the interior area and ducting of a “bag house” at an Armco steel plant. A “bag house” operates as a giant vacuum cleaner to filter dust, dirt and other particulate matter which is created in the course of the steel manufacturing process. The contract between Armco and Cox was a “purchase order” on a form prepared and printed by Armco. The price for the work was $1,029 and on the back of the purchase order there was a 3-part indemnity clause of more than 200 words. The clause pertinent to this appeal reads as follows: “If this purchase order requires the performance of work or services on Buyer’s property, Seller [Cox] shall indemnify and save harmless Buyer [Armco] of and from any loss, cost, damage or expense arising from ...(c) any and all claims which may be made against Buyer by reason of injury or death to person or damage to property however caused or alleged to have been caused and even though claimed to be due to the negligence of Buyer, suffered or…