CALLAHAN v. A.J. WELCH EQUIP. CORP.; SUTTON

No. 93-P-327.

36 Mass. App. Ct. 608 (1994)

634 N.E.2d 134

JOSEPH CALLAHAN vs. A.J. WELCH EQUIPMENT CORPORATION & another; SUTTON CORPORATION, third-party defendant.

Appeals Court of Massachusetts, Middlesex.

June 3, 1994.


Attorney(s) appearing for the Case

David J. Hopwood for Sutton Corporation.

Andre A. Sansoucy for A.J. Welch Equipment Corporation & another.

Present: DREBEN, KAPLAN, & PORADA, JJ.


PORADA, J.

The principal issues raised by this appeal are: (1) whether the indemnity clause of a construction subcontract requires the subcontractor to indemnify the general contractor for its tort liability to the plaintiff whose injury a jury attributed to the concurrent conduct of the subcontractor, another subcontractor and the general contractor and (2) whether an indemnitor may obtain contribution from its...

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