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MORGAN v. HARNISCHFEGER CORP.

791 A.2d 1273 (2002)

Paul MORGAN and Roxanne Morgan v. HARNISCHFEGER CORP.; Commonwealth of Pennsylvania, Pennsylvania Turnpike Commission, Medico Industries; HRI, Inc., L.B. Smith, Inc., Kobe Steel, Ltd., Century II, Inc., Penn East Corporation, Roadway Safety, Inc., and Michael Baker, Inc., American Asphalt Paving Company. Appeal of HRI, Inc.

Commonwealth Court of Pennsylvania.

Decided February 20, 2002.

Attorney(s) appearing for the Case

Joseph A. Murphy, Scranton, for appellant.

Charles W. Craven, Philadelphia, for appellee, PA Turnpike Commission.

Paul T. Oven, Moosic, for appellee, American Asphalt Paving Co.

Before COLINS, Judge, LEADBETTER, Judge, and McCLOSKEY, Senior Judge.

LEADBETTER, Judge.

HRI, Inc., (HRI) appeals from an order of the Court of Common Pleas of Luzerne County, wherein the court ordered HRI to indemnify the Pennsylvania Turnpike Commission (Commission) for injuries sustained by Paul and Roxanne Morgan (plaintiffs). HRI presents three issues for our consideration. First, whether an indemnity clause between itself and the Commission is enforceable. Second, whether the doctrine of latches bars HRI from enforcing an indemnity...

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