United States Tenth Circuit
Otis Elevator Co. v. Midland Red Oak Realty, Inc., 04-6327
In a suit brought by an elevator service company against a glass company and property owner seeking indemnity for the amount of settling an underlying personal injury suit brought by an individual injured by broken glass, judgment for defendants is reversed and remanded where the district court erred in concluding that an indemnity provision in a repair order signed by defendants did not apply to the elevator car-top move of glass at issue.
Appellate Information
- Decided 04/24/2007
- Published 04/25/2007
Judges
- O'BRIEN, Circuit Judge., Before BRISCOE, ANDERSON and O'BRIEN, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Stacey Haws Felkner (Robert E. Manchester with her on the briefs) of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, OK, for Plaintiff-Appellant.
- For Appellees:
- Robert W. Nelson (Derrick T. DeWitt with him on the briefs) of Whitten, Nelson, McGuire, Terry & Roselius, and Daniel K. Zorn (Stephen R. Palmer with him on the briefs) of Colins, Zorn & Wagner, Oklahoma City, OK, for Defendants-Appellants.