Rovnak V. Union Carbide Corp.
Cases that cite this one
2 later published cases cite this decision.
- Chesapeake & Potomac Telephone Co. v. Sisson & Ryan, Inc. (Va. 1987)
- Connors v. Mars Associates, Inc. (Appellate Division of the Supreme Court of New York 1981)
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 of the Court
—Order and judgments unanimously affirmed, with costs. Denman, J., not participating. Memorandum: Third-party defendant Macander Corporation contends that the indemnification provision contained in its contract, dated September 7, 1966, with third-party plaintiff Union Carbide, is void as violative of public policy. Alternatively, it is argued that the provision is inapplicable in the circumstances of decedent’s accident. The indemnification clause provides that the contractor (Macander) agrees to indemnify the owner (Union Carbide) against all liabilities "for bodily injury * * * sustained by any employee of the Contractor, * * * while in, on or about the premises of the Owner or the site of the Work whether or not arising out of or in any way connected with the Contract or with the Contractor’s performance thereunder, and whether or not such injury * * * is due to any negligence * * * on the part of the Owner”. It has been established that the injuries to the decedent, Joseph Rovnak, an employee of Macander, were sustained by him on Union Carbide’s work site at the premises of Bethlehem Steel Corporation while he was working in a large pipe or "silencer” which Macander was in the process of extending for Union Carbide; and that Union Carbide’s negligence caused the accident. The language of the agreement unequivocally demonstrates the intention to indemnify Union Carbide against its own negligence. Such agreements are enforceable (Hogeland v Sibley, Lindsay & Curr Co., 42 NY2d 153, 158-159). Although the contract requires indemnification regardless of whether the injury is "in any way connected with the Contract or with the Contractor’s performance thereunder”, the coverage of the indemnity provision is restricted to Macander’s employees and to injuries occurring on Union Carbide’s premises or at the work site. A comparable indemnification clause has been upheld (see Bignami v Caristo Constr. Corp., 42 AD2d 600). We find no basis for invalidating the indemnification clause
Case-law data current through December 31, 2025. Source: CourtListener bulk data.