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NES RENTALS HOLDINGS, INC. v. STEINE COLD STORAGE

No. 12-1401.

714 F.3d 449 (2013)

NES RENTALS HOLDINGS, INC., et al., Plaintiffs-Appellants, v. STEINE COLD STORAGE, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 8, 2013.

Attorney(s) appearing for the Case

Calvert Sterling Miller , Milford Mortimer Miller , Rothberg, Logan & Warsco LLP, Fort Wayne, IN, for Plaintiffs-Appellants.

Branch R. Lew , Andrew S. Williams , Hunt Suedhoff Kalamoros , Fort Wayne, IN, for Defendant-Appellee.

Before POSNER, ROVNER, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

Humberto Menendez tragically died from injuries he suffered while operating a forty-foot boom lift. His employer, Steine Cold Storage, Inc., had rented the lift from NES Rentals. Menendez's family filed suit against NES and others, alleging that their negligence caused the death. NES then sought indemnification from Steine pursuant to an indemnification clause in the rental agreement for the boom lift. Indiana courts allow a party to contract...

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