Morton Thiokol, Inc. v. Metal Building Alteration Co.

The question presented by this appeal is whether appellant Morton Thiokol is entitled to contractual indemnity from respon dent Metal Building Alteration Company, despite the jury’s finding that appellant was actively negligent.

The relevant facts may be summarized as follows.

In 1982, Metal Building Alteration Company (hereafter Metal Building or respondent) contracted with appellant to install a new roof at appellant’s salt refinery. In the contract, Metal Building agreed that it had “visited the site and fully” understood “the working conditions and material handling requirements . . . .” The contract contained 21 conditions, one of which provided, in part, that “[t]he Contractor shall supervise and direct the work using his best skill and attention . . .” and number 5(a) “. . . will take all necessary precautions during the progress of the work to protect all persons and the property of others from injury or damages.” (Italics added.) Condition number 5(b), entitled “Indemnity” required that Metal Building “. . . agrees to indemnify and hold harmless the Owner and its agents and employees from any and all liability, loss, damage, cost and expense (including…