U.S. National Leasing v. Frazier Construction
While working on a construction project, plaintiff fell to his death through unsupported fiber glass panels on the metal roof of a building in Depot Park. Donald Frazier owned cross-defendant Frazier Construction, Inc. (Frazier), which contracted with Depot Park owner and cross-complainant U.S. National Leasing, LLC (U.S. National) to do some construction work. Donald Frazier’s widow and children filed a complaint against U.S. National seeking wrongful death and survivorship damages. U.S. National cross-complained against Frazier, asserting that the contract entered into between the parties required Frazier to (1) purchase commercial liability insurance of at least $1 million naming U.S. National as an additional insured, and (2) indemnify and hold U.S. National harmless from claims arising out of performance. Court affirmed the judgment.
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