The Minnesota Court of Appeals recently affirmed a trial court’s order enforcing indemnification and exculpatory clauses in favor of McCollum Crowley’s client. The litigation arises out of serious injuries suffered by a patron when a picnic table at a restaurant and bar collapsed upon him.
The table in question was owned by our client and rented to the bar. The rental agreement included pre-printed language which required the bar to indemnify the rental company for any claims arising out of the use of the rental equipment.
On appeal, attorneys Jake Tomczik and Cheryl Hood Langel argued that the contract taken as a whole included claims of the rental company’s own negligence. The Court of Appeals agreed and held that the was required to defend the rental company against any claims and reimburse our client for all attorney fees and costs incurred to date. Dewitt v. London Road Rental Center, Inc. and Jach’s Inc. d/b/a The Tower Tap; A16-1794; August 7, 2017
A copy of the Court’s decision may be found here.