Noble J. Dick, Inc. v. Warburton
Cases that cite this one
8 later published cases cite this decision.
- Washington Elementary School District No. 6 v. Baglino Corp. (Ariz. 1991)
- Sweetman v. Strescon Industries, Inc. (Superior Court of Delaware 1978)
- J. A. Jones Construction Co. v. City of Dover (Superior Court of Delaware 1977)
- Nutt v. GAF Corp. (Superior Court of Delaware 1987)
- Paoli v. Dave Hall, Inc. (Superior Court of Delaware 1983)
- Cumberbatch v. BD. OF TRUSTEES, ETC. (Superior Court of Delaware 1978)
- Cumberbatch v. Board of Trustees, Delaware Technical & Community College (Superior Court of Delaware 1978)
- Indiana State Highway Commission v. Thomas (Ind. Ct. App. 1976)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
This appeal brings up for review an order of the Superior Court, entered on cross-motions for summary judgment. The effect of the order is to validate an indemnification agreement and defer until trial the legal significance of a release.
We approve the analysis by the Superior Court of the indemnity agreement. 321 A.2d 345 (1973). The agreement clearly and unequivocally requires the contractor to indemnify the owner and the prime contractor against any liability for their own negligence, respectively. In brief, the agreement meets the tests stated in All-State Inv. and Sec. Agcy., Inc. v. Turner Const. Co., Del.Supr., 301 A.2d 273 (1972), and State v. Interstate Amiesite Corp., Del.Supr., 297 A.2d 41 (1972).
The Court deferred a ruling on the legal significance of the release given by the contractor to the prime contractor until after trial. We cannot say as a matter of law it was error to do so.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.