Richardson v. Union Carbide Industrial Gases, Inc.

Hoeganaes (defendant) purchased furnace equipment from Rage using a proposal and a purchase order that each referenced separate terms and conditions containing conflicting indemnity clauses, none of which were ever actually discussed by the parties. About three years after the sale, Jerry Richardson (plaintiff), a Hoeganaes employee, was injured when the furnace exploded and sued Rage and Hoeganaes; Rage cross-claimed against Hoeganaes for indemnification. The trial court granted Hoeganaes summary judgment on the cross-claim, and Rage appealed.