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ATLANTIC RICHFIELD CO. v. PETROLEUM PERSONNEL, INC.

No. C-8166.

768 S.W.2d 724 (1989)

ATLANTIC RICHFIELD COMPANY, Petitioner, v. PETROLEUM PERSONNEL, INC., Respondent.

Supreme Court of Texas.

April 26, 1989.

Attorney(s) appearing for the Case

William R. Kendall & James F. Buchanan, Kleberg & Head, Corpus Christi, for petitioner.

Thomas F. Nye, Brin & Brin, Corpus Christi, for respondent.

SPEARS, Justice.

This case involves the application of the "express negligence test" to an indemnity contract between an owner and contractor.

Keith Cherniack sued Atlantic Richfield Company (ARCO), seeking damages for injuries he sustained while working on a platform owned by ARCO. ARCO then impleaded Cherniack's employer, Petroleum Personnel, Inc. (PPI), alleging that ARCO was entitled to indemnity from PPI pursuant to a contract entered into between the...

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