Shell Oil Co. v. Allied Construction & Engineering Co.

Plaintiff Philip McMahon, a member of a work gang employed by respondent Allied Construction & Engineering Company (Allied), was injured aboard the vessel Cal Tide owned, (by bareboat charter) by appellant Shell Oil Company (Shell). Shell answered plaintiff’s complaint and cross-complained against Allied on the basis of indemnity clauses contained in the contract which both had executed to cover the maritime work in question and hereafter referred to in some detail. Plaintiff and Shell settled during the course of trial, the latter stipulating to an entry of judgment in favor of plaintiff in the sum of $70,000.

The cross-action was thereafter tried to the court sitting without a jury. *3 A memorandum of intended decision in favor of Allied was followed by proposed findings and conclusions prepared by Allied to which Shell objected. Shell also requested additional findings. The trial court adopted Allied’s findings and conclusions, and overruled and rejected Shell’s objections and request for additional findings. Shell appeals from the judgment entered in Allied’s favor.

Plaintiff’s injury occurred during the execution of the preparatory phase of a difficult maneuver…