Court Dismisses Cross Claims Against Utility Based on Construction Anti-Indemnity Statute

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Utility argued that the easement’s indemnity provision violated Georgia’s construction anti-indemnity statute.

August 14, 2018
David R. Cook - Autry, Hall & Cook, LLP

When a plane crashed and several passengers and crew died or were injured, their representatives sued several defendants, including a nearby plant owner, Milliken & Company (“Plant Owner”), based on claims that transmission lines on Plant Owner’s property were too close to the runways, were too high, and encroached on the airport easements. Plant Owner cross claimed against utility owner, Georgia Power Company (“Utility”). Plant Owner’s claim was based on an easement it granted to Utility, which required Utility to indemnify it for any claims arising out of Utility’s construction or maintenance of the transmission lines.

In defense, Utility argued that the easement’s indemnity provision violated Georgia’s construction anti-indemnity statute.

Mr. Cook may be contacted at cook@ahclaw.com



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