Next Generation Bar Exam Quiz
11 questions · no time limit
0:00
TORTS
Question 1 of 11
No time limit
Current
Answered
Flagged
Not seen
PASSAGE
Prime Construction hired SteelFab, Inc. to erect steel framing. Leon, a delivery driver for an unrelated company, was injured when a beam fell because Prime's site superintendent had failed to secure the area and SteelFab's crew had used improper rigging. Leon sued Prime and SteelFab. The subcontract provides:
'SteelFab shall defend, indemnify, and hold Prime harmless from any claim, loss, or liability for bodily injury arising out of SteelFab's work, even if the injury is caused in part by Prime's negligence. SteelFab shall have no duty to indemnify Prime for a claim caused solely by Prime's negligence.'
A jury found Prime 30% at fault, SteelFab 70% at fault, and Leon 0% at fault. Under the state's several-liability statute, the court entered judgment for $300,000 against Prime and $700,000 against SteelFab. Prime paid its $300,000 share and now seeks indemnity from SteelFab for that amount. The state's Construction Indemnity Statute provides:
'Any provision in a construction contract that requires a party to indemnify another party for bodily injury caused by or resulting from the indemnitee's own negligence is void and unenforceable to that extent.'
Is Prime entitled to indemnity from SteelFab for the $300,000?
YOUR PROGRESS
11
QUESTIONS
Ready when you are
Answer in any order. Your progress shows here as you go.
QUESTIONS
KEYBOARD
Pick an answer ABCD
Next question ↵→
Previous ←
Flag for review F
Answers save as you go · flagged questions come back at the end