(Download) "Mountain Fuel Supply Co. v. Emerson" by Supreme Court of Wyoming # eBook PDF Kindle ePub Free
eBook details
- Title: Mountain Fuel Supply Co. v. Emerson
- Author : Supreme Court of Wyoming
- Release Date : January 12, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This is an appeal from a summary judgment arising from a declaratory-judgment action having to do with the rights of Mountain Fuel Supply Company (Mountain Fuel) to indemnification from Charles Emerson, d.b.a. Emerson Well Service (Emerson). Emerson initiated the action, seeking a declaration that an indemnity provision of an agreement between the parties was void and unenforceable under § 30-28.3, et seq., W.S. 1957, C. 1967, 1975 Cum.Supp. Mountain Fuel counterclaimed, asserting the provisions validity and demanding that Emerson defend Mountain Fuel in a wrongful-death action arising out of the death of David K. Hillman, an Emerson employee. In addition, Mountain Fuel challenged the constitutionality of § 30-28.3, supra, in several respects. Summary judgment was rendered in favor of Emerson, declaring that the statute was constitutional; that Mountain Fuel was not, therefore, entitled to indemnity under the express or an implied agreement; and that Emerson had no obligation to appear, defend, respond in damages, or be obligated for any judgment in the Hillman case. The judgment will be reversed and the case remanded for determinations of fault, if any.