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GENIE INDUSTRIES v. MARKET TRANSPORT

No. 57314-4-I.

158 P.3d 1217 (2007)

GENIE INDUSTRIES, INC., Appellant, v. MARKET TRANSPORT, LTD, d/b/a Market Logistics, an Oregon corporation, and System Transport, Inc., a Washington corporation, Respondents.

Court of Appeals of Washington, Division 1.

May 21, 2007.

Attorney(s) appearing for the Case

Nicholas Peter Gellert, Marie G. Aglion, John D. Dillow, Perkins Coie LLP, Seattle, WA, John Stevens Rossiter, Jr., Perkins Coie, San Francisco, CA, for Appellant.

David Michael Jacobi, Wilson Smith Cochran Dickerson, John R. Ruhl, Eisenhower & Carlson PLLC, Seattle, WA, Charles Kenneth Wiggins, Wiggins & Masters PLLC, Bainbridge Island, WA, for Respondents.

BECKER, J.

¶ 1 An indemnity clause in a transportation agreement is before us for interpretation under Oregon law. The question is whether System Transport, a trucking company, agreed to indemnify Market Transport and its customers for losses caused by their own negligence. The trial court concluded the indemnity clause did not express that intention and entered summary judgment dismissing the claims of the indemnitees...

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