Essex Crane Rental Corp., Plaintiff-Counter-Defendant-Appellee v. Weyher/livsey Constructors, Inc., Defendant-Counter-Claimant-Appellant
Opinion
Opinion
Leavy, J.
On January 26, 1987, a crane leased to Weyher/Livsey Constructors by Essex Crane Rental Corporation collapsed, fatally injuring an employee of Weyher/Livsey. The employee’s family initiated a wrongful death action in Idaho state court, naming Essex as one of the defendants. Essex filed this diversity action pursuant to 28 U.S.C. § 1332 (1988), seeking declaratory and other relief, including indemnity. Weyher/Livsey counterclaimed for damages. At conflict is the terms of the contract for the lease of the crane. Not surprisingly, each document prepared by each company requires the other party to indemnify if personal injury should occur.
The district court granted partial summary judgment in favor of Essex. See Essex Crane Rental Corp. v. Weyher/Livsey Constructors, Inc., 713 F.Supp. 1350 (D.Idaho 1989).
FACTS AND PRIOR PROCEEDINGS
On May 5, 1986, Clayton Record, Wey-her/Livsey’s Project General Superintendent, contacted Robert Stork, an Essex salesman, to inquire about renting a crane. Essex shipped the crane from its location in Oregon to the Lucky Peak, Idaho, job site. There, it was inspected, assembled, and placed into use by Weyher/Livsey. Delivery was apparently completed…