Ethyl Corporation & Donald Metcalf, Petitioners v. Daniel Construction Company, Respondent

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that the indemnity provision between Ethyl Corporation and Daniel Construction does not satisfy the express negligence test and therefore does not require the contractor to indemnify the owner for the owner's own negligence. The Court adopted the express negligence doctrine, overruled the prior clear and unequivocal test, and rejected any right to comparative indemnity under common law.