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KEMMETER v. McDANIEL BACKHOE SERV.

No. 99-1129.

89 Ohio St.3d 409 (2000)

KEMMETER v. McDANIEL BACKHOE SERVICE; G.A. FIBBE COMPANY, APPELLEE; GIL RUEHL PLUMBING COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided August 9, 2000.

Attorney(s) appearing for the Case

Droder & Miller Co., L.P.A., and Jeffrey T. Kenney, for appellee.

Kohnen & Patton, L.L.P., and Anthony J. Caruso, for appellant.

PFEIFER, J.

We find that a hold harmless provision is enforceable pursuant to Kendall v. U.S. Dismantling Co. (1985), 20 Ohio St.3d 61, 20 OBR 360, 485 N.E.2d 1047, if the clause as applied will not result in indemnification of a party's own negligence.

The Statute

R.C. 2305.31 provides:

"A[n] * * * agreement * * * in connection...

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