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VOLAIR CONTRACTORS, INC. v. AMQUIP CORP.

No. 575,2002.

829 A.2d 130 (2003)

VOLAIR CONTRACTORS, INC., Third Party Defendant Below, Appellant, v. AmQUIP CORPORATION, Third Party Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: July 22, 2003.

Attorney(s) appearing for the Case

Frank E. Noyes, II, Esquire, of White and Williams, LLP, Wilmington, Delaware, for Appellant.

George H. Seitz, III, Esquire, and Carrie I. Dayton, Esquire, of Seitz, van Ogtrop & Green, Wilmington, Delaware; Of Counsel: Francis Deasey, Esquire, and Michael L. Barbiero, Esquire (argued), of Deasey, Mahoney & Bender, Ltd., Philadelphia, Pennsylvania, for Appellee.

Before VEASEY, Chief Justice, HOLLAND and STEELE, Justices.

VEASEY, Chief Justice.

In this case we consider whether the application of the common law borrowed servant doctrine conflicts with a statute that declares void as against public policy contracts by which one party purports to indemnify the other for the latter's own negligence. We affirm the judgment of the Superior Court holding that the common law borrowed servant doctrine governs and is not barred by the statute declaring...

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