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MacGLASHING v. DUNLOP EQUIPMENT CO., INC.

Nos. 95-2051, 95-2207.

89 F.3d 932 (1996)

Charles MacGLASHING and Sharlene MacGlashing, Plaintiffs, Appellees, v. DUNLOP EQUIPMENT COMPANY, INC., Defendant, Appellee. Restoration Preservation Masonry, Inc., Third-Party Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 25, 1996.

Attorney(s) appearing for the Case

Robert P. Powers, Boston, MA, with whom Michael R. Byrne, Andre A. Sansoucy, and Melick & Porter were on brief, for Restoration Preservation Masonry, Inc., appellant.

Thomas G. Hoffman, Boston, MA, with whom Thomas M. Greene, Paul D. Hoffman, Greene & Hoffman, P.C. were on brief, for Charles MacGlashing and Sharlene MacGlashing, plaintiffs, appellees and Dunlop Equipment Company, Inc., defendant, appellee.

Before CYR, Circuit Judge, COFFIN and BOWNES, Senior Circuit Judges.

BOWNES, Senior Circuit Judge.

This appeal concerns the interpretation and enforceability of an indemnification clause in a lease between third-party defendant-appellant Restoration Preservation Masonry, Inc. ("RPM") and defendant-appellee Dunlop Equipment Company, Inc. ("Dunlop"). Plaintiff-appellee Charles MacGlashing was injured when an elevated work platform leased by Dunlop to RPM collapsed while he and another employee...

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