McComas-Lacina Const. Co. v. Able Const.’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Though both Able [the subcontractor/employer] and the district court relied significantly on this case, Trushcheff is not dispositive of the issues before us. Unlike the contractor in Trushcheff , McComas [the general contractor] does not seek indemnity from Able based on McComas’ own negligence. If this were the case, our prior case law suggests McComas would be precluded from seeking contractual indemnity because the language of paragraph ten of the subcontract does not clearly and [unequivocally provide for indemnity under those circumstances. See Trushcheff, 239 N.W.2d at 134 . However, this is not the situation we have before us because McComas seeks indemnity based on Abie’s negligence — a circumstance explicitly addressed in paragraph eleven of the subcontract. Because McComas seeks indemnity purely for Abie’s acts of negligence, paragraph eleven may apply to this ease. Since the scope of this provision addresses any loss or damage arising through Abie’s conduct, we must determine whether there was a genuine issue of material fact regarding whether McComas suffered any loss as a result of Abie’s negligence.”

   1 later decision quote this exact passage
   e.g. Eischeid v. Dover Construction, Inc.

2. “[Workers’ compensation does not function as a complete bar to suit against an employer by a third party where the employer has breached an independent duty to the third party. Weggen v. Elwell-Parker Elec. Co., 510 F.Supp. 252, 254 (D.C.Iowa 1981); Herter v. Ring-landr-Johnsorir-Crowley Co., 492 N.W.2d 672, 673 (Iowa 1992). There are several different grounds upon which a claimant may seek indemnity, including express contract. See Iowa Power & Light Co. v. Abild Constr. Co., 259 Iowa 314, 322-23 , 144 N.W.2d 303, 308 (1966) (citations omitted). “[C]ontractual indemnity is not disfavored and ordinarily will be enforced between the parties according to its terms.” Pirelli-Armstrong Tire Corp. v. Midwest-Werner & Pfleiderer, Inc., 540 N.W.2d 647, 649 (Iowa 1995).”

   1 later decision quote this exact passage
   e.g. Eischeid v. Dover Construction, Inc.

3. ““Ordinarily, indemnifying agreements will be enforced according to their terms, as in any other contract case.” Walker v. Ryan Cos. US, Inc., 149 F.Supp.2d 849, 855 (S.D.Iowa 2001) (quoting Martin [& Pitz Assocs., Inc. v. Hudson Constr. Servs., Inc.], 602 N.W.2d [805,] 808-09 [(Iowa 1999)]). Absent ambiguity in the agreement, we are bound by the language expressed in the contract. Id. (citing Huber v. Hovey, 501 N.W.2d 53, 56 (Iowa 1993)).”

   1 later decision quote this exact passage
   e.g. Eischeid v. Dover Construction, Inc.