Crescent Wharf & Warehouse Co. v. City of Los Angeles

This is an appeal from a judgment on a cross-complaint, requiring appellant to indemnify respondent city for a judgment rendered in an action for personal injuries. We affirm.

In 1975 a man named Svorinich, employed by appellant, was injured while operating a forklift on a wharf owned by the city and then used by appellant. That action resulted in a substantial judgment in favor of Svorinich against the city, against which appellant was allowed a share for the workers’ compensation benefits paid to Svorinich. The city cross-complained against appellant, contending that, under the terms of appellant’s use of the wharf, it was obligated to hold the city harmless even for the city’s own negligence. The trial court agreed with the city and gave judgment in its favor from which appellant has appealed; we affirm.

Appellant is a regular user of the city’s wharf in its business of loading and unloading cargo. It has entered into an agreement with the city *982 expressly providing for the indemnity herein involved. The contentions here made are: (1) that the agreement between the city and appellant did not apply to the use of the wharf herein involved; (2) that the indemnity…