Otis Elevator Co. v. TODA CONSTRUCTION OF CA.
Opinion
Opinion
Mihara, J.
After a court trial, appellant Otis Elevator Company (Otis) was ordered to indemnify respondent Toda Construction of California (Toda) for Toda’s payment of damages to a plaintiff who was injured in an elevator installed by Otis. On appeal (H010706), Otis contends that a contract requiring Otis to indemnify Toda was superseded by a later temporary agreement shifting the responsibility for all accidents to Toda. In a consolidated appeal (HOI 1117), Otis challenges the trial court’s award to Toda of attorney fees incurred in prosecuting the indemnity action. We will affirm the judgment but remand for redetermination of attorney fees.
Background
In late 1986 Toda contracted with West Santa Clara Group to construct an office building in downtown San Jose. In December of that year Toda entered into a subcontract with Otis for the installation of five elevators in the building. An indemnity provision in the subcontract stated that Otis would indemnify Toda for all settlements and awards arising from work performed under the subcontract.
On April 26, 1988, Otis turned over elevator No. 5, a freight and passenger elevator, to Toda for Toda’s use during construction of the…