Trinity Industries, Inc. v. McKinnon Bridge Co.
McKinnon Bridge Company, Inc., a general contractor, appealed a trial court's decision holding it liable to its subcontractor, Trinity Industries, Inc., for costs related to a bridge collapse. Trinity and McKinnon had an agreement for structural steel fabrication, which included an indemnity clause. Following a bridge segment collapse, Trinity was sued in federal court and incurred significant defense and settlement costs. Trinity then sued McKinnon ("Trinity II") seeking indemnification based on a prior ruling ("Trinity I") that attributed the collapse solely to McKinnon's subcontractor, ABC Contractors, Inc. The trial court granted Trinity's motion for summary judgment and denied McKinnon's. The appellate court affirmed the trial court's decision, finding that the indemnity clause was clear and that Trinity properly used collateral estoppel to prove ABC's negligence as the cause of the loss, an entity over which Trinity had no control.