[DOWNLOAD] "Amoco Oil Company v. Liberty Auto and Electric Company" by The Supreme Court of the State of Connecticut * eBook PDF Kindle ePub Free

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eBook details

• Title: Amoco Oil Company v. Liberty Auto and Electric Company
• Author : The Supreme Court of the State of Connecticut
• Release Date : January 10, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

Argued April 24--officially released December 10, 2002 Opinion The plaintiff, Amoco Oil Company (Amoco), appeals from the judgment of the trial court rendered in favor of the defendant, Liberty Auto and Electric Company (Liberty). The dispositive issue in this appeal is whether the trial court properly concluded that General Statutes § 52-576 (a) 1 barred Amoco's claim for indemnification pursuant to the terms of a contract between Amoco and Liberty. We conclude that the trial court properly determined that Amoco's claim is barred by § 52-576 (a). Accordingly, we affirm the judgment of the trial court. The record discloses the following undisputed facts and procedural history. In October, 1987, Amoco entered into a contract with Liberty to install five new underground gasoline tanks and equipment associated with the operation of those tanks on certain property owned by Amoco and located in Westport. In addition to provisions governing the scope of the work to be performed under the contract and the terms of payment, the contract contained the following provision: ''Liability and Indemnity: Contractor 2 shall be solely responsible for all labor, materials, equipment and work until the Job is accepted by Company. 3 Contractor shall reimburse Company for, and indemnify Company and hold it harmless from and against any and all loss, costs (including reimbursement of all attorney fees and other costs of defense), damage, expense, claims (including claims of strict liability and for fault imposed by statutes, rules or regulations), suits and liability on account of any and all bodily injuries or death to any persons (including the employees of Company, Contractor, or its subcontractors) or damage to, or loss or destruction of any property (including without limitation, the work covered hereunder and the property of Contractor, and subcontractors and Company) arising directly or indirectly out of or in connection with the performance of this Contract whether caused or contributed to by a negligent act or omission of either party, except that Contractor assumes no liability for the negligent acts of Company, its agents, servants or employees, which, without contributory fault on the part of Contractor, its subcontractors or their agents or employees, causes property damage or injury to or death of any person. Company reserves the right to retain sufficient funds to cover this obligation.'' Liberty completed its installation of the tanks in March, 1988. In September, 1994, Amoco discovered a leak in one of the tanks that Liberty had installed. Consequently, the tank was removed and replaced in November, 1994. Subsequently, in March, 1996, Amoco filed a four count complaint in which it sought indemnification from Liberty pursuant to the terms of the contract. Amoco also sought damages resulting from Liberty's alleged negligent installation of the tank, breach of contract and violation of the Connecticut Product Liability Act, General Statutes § 52-572m et seq.

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