Court Dismisses Indemnity Claim Against Boeing
While it doesn't exactly break any new legal ground, this case summarizes & applies the doctrine that an employer's waiver of workers compensation immunity -- a big issue in any construction agreement -- must be explicit and in writing.
When a Boeing employee sued the City of Algona for personal injury sustained on its property, the City sought to obtain indemnity from Boeing under a 1992 letter agreement under which the property in question was developed. The Court held that Boeing's promise to repair damage to the development fell short of an explicit promise to waive workers compensation immunity, and therefore dismissed the City's indemnity claim.
Copy of opinion also available here Download file