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HORTMAN v. OTIS ERECTING CO., INC.

No. 81-901.

108 Wis.2d 456 (1982)

322 N.W.2d 482

Leon HORTMAN, Plaintiff, AETNA CASUALTY & SURETY COMPANY, Plaintiff and Cross-Respondent, v. OTIS ERECTING COMPANY, INC., Defendant-Appellant, GENE T. EBERLE ASSOCIATES, INC., Defendant-Respondent and Cross-Appellant, BECKER CONSTRUCTION COMPANY, INC., Mark F. Pfaller Associates, Inc., and John J. Flad & Associates, Inc., Defendants.

Court of Appeals of Wisconsin.

Decided June 8, 1982.

Attorney(s) appearing for the Case

For the defendant-appellant Otis Erecting Company, Inc., the cause was submitted on the brief of Cook & Franke, S.C., and L. William Staudenmaier and Bruce A. Olson, of counsel, of Milwaukee.

For the defendant-respondent and cross-appellant Gene T. Eberle Associates, Inc., the cause was submitted on the brief of M. Susan Maloney of Hayes and Hayes of Milwaukee.

For the plaintiff-cross-respondent Aetna Casualty & Surety Company the cause was submitted on the brief of Lydia Y. Cooley and James T. Murray, Jr., of Borgelt, Powell, Peterson & Frauen, S.C., of Milwaukee.

Before Decker, C. J., Moser, P. J., and Randa, J.

RANDA, J.

This is an appeal from the trial court's holding that an indemnification clause in a subcontractor's contract required the subcontractor to indemnify the contractor even when the subcontractor was free from negligence. We reverse.

Leon Hortman (Hortman), an employee of Becker Construction Company (Becker), was injured at a construction site when he was struck in the head by a piece of timber falling from a roof. Becker's worker's compensation carrier...

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