National Serv. Indus. Inc. v. Georgia Power Co.

Georgia Power Company sued its former contractor, National Service Industries, Inc. “NSI”, seeking indemnification for expenses it incurred as a result of a wrongful death lawsuit brought against Georgia Power by the widow and estate of a former NSI employee. The trial court granted Georgia Power’s motion for partial summary judgment and denied the motion for summary judgment filed by NSI. NSI appeals, claiming that the trial court erred because i the contracts between Georgia Power and NSI did not cover Georgia Power’s expenses in defending the wrongful death lawsuit; ii Georgia Power cancelled one of the relevant contracts with NSI; ; iii Georgia Power’s lawsuit was barred by the statute of repose; and iv the trial court improperly considered certain deposition transcripts. We discern no error and affirm. Summary judgment is appropriate when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.1 We apply a de novo standard of review to an appeal from the grant or denial of summary judgment, and we view the evidence and all reasonable inferences drawn from it in the light most favorable to the nonmoving party.2

So viewed, the record shows that in 1966, Georgia Power entered into an agreement with NSI’s predecessor pursuant to which NSI would provide maintenance work at Georgia Power facilities. The parties entered into a substantially identical contract in 1978. Both contracts included an indemnification provision, which provided that NSI would indemnify Georgia Power for damages “in any way attributable to the performance . . . of the work herein contracted for” so long as the liability did not arise as a result of “the sole negligence” of Georgia Power.