Waters v. Puget Sound Power & Light Co.
Waters v. Puget Sound Power & Light Co.
Opinion of the Court
Puget Sound Power & Light Company appeals summary judgment dismissal of its claim for indemnity from TCI Cablevision of Washington, Inc. Puget Power argues that the indemnity clause in its agreement with TCI entitles it to indemnity against a suit for personal injury damages by a TCI employee. The Workers’ Compensation Act grants employers immunity from claims by employees arising out of workplace injuries. An employer may waive its immunity by indemnifying another entity with potential liability to the injured employee, but the indemnification must expressly waive employer immunity to be effective. We are asked to decide whether TCI expressly waived its employer immunity by indemnifying Puget Power for "any and all claims” arising out of its use of Puget Power’s utility poles. We hold that it did not, and affirm.
DISCUSSION
The Supreme Court dealt squarely with the effect of indemnity provisions in a personal injury suit brought by the indemnitor’s employee in Brown v. Prime Constr.
Puget Power alternatively asserts that the Supreme Court’s recent contract interpretation cases conflict with its earlier decision in Brown. Neither of these latter "interpretation” cases cited by Puget Power deals with the issue of indemnification for employee suits, and thus they do not create a conflict with Brown. Scott Galvanizing, Inc. v. Northwest EnviroServices, Inc.
Nor do the other indemnification cases cited by Puget Power support its argument that the language of the indemnification provision in its contract with TCI effectively waives TCI’s employer immunity. For example, the indemnitor in Tri-M Erectors, Inc. v. Donald M. Drake
Contrasting the indemnification language in Riggins v. Bechtel Power Corp.
These cases are not distinguishable based on subtle language differences. A waiver of employer immunity must be clearly expressed. Because no such expression is made in the indemnification agreement between Puget Power and TCI, we affirm the trial court’s summary judgment dismissal of Puget Power’s indemnity claim.
Review denied at 131 Wn.2d 1003 (1997).
102 Wn.2d 235, 684 P.2d 73 (1984).
Brown, 102 Wn.2d at 239-40.
Puget Power’s argument that the analysis in Brown should not apply simply because the contract was originally executed before Brown is disingenuous. Brown itself applied to a contract executed before the opinion was filed. ROW 4.24.115(2), which codifies the rule in Brown, is not applicable because it expressly applies only to agreements entered into after June 11, 1986.
120 Wn.2d 573, 575, 844 P.2d 428 (1993).
115 Wn.2d 657, 659, 801 P.2d 222 (1990).
27 Wn. App. 529, 618 P.2d 1341 (1980), review denied, 95 Wn.2d 1002 (1981).
Tri-M, 27 Wn. App. at 532.
Brown, 102 Wn.2d at 240.
44 Wn. App. 244, 722 P.2d 819, review denied, 107 Wn.2d 1003 (1986).
26 Wn. App. 206, 613 P.2d 143 (1980).
Riggins, 44 Wn. App. at 256.
Calkins, 26 Wn. App. at 209.
Reference
- Full Case Name
- Bryan T. Waters v. Puget Sound Power and Light Company, TCI Cablevision of Washington, Inc.
- Cited By
- 6 cases
- Status
- Published