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Magliozzi v. P&T Container Service Co., Inc.

614 N.E.2d 690 (1993)

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Magliozzi v. P&T Container Service Co., Inc.

Massachusetts Appeals Court

614 N.E.2d 690 (1993)

Facts

Magliozzi (plaintiff) was injured by a trash compactor owned by P&T Container Service Co., Inc. (P&T) (defendant) while working for Crusader Paper Co., Inc. (Crusader). Magliozzi sued P&T, and P&T brought a third-party action against Crusader for indemnification. The agreement between P&T and Crusader is contained in a letter dated November 3, 1983. That letter does not contain an indemnification clause. When P&T’s employees emptied the trash compactor on Crusader’s premises, they would present a “pickup ticket” to a Crusader employee, who would then sign the ticket. The back of the pickup tickets contained an indemnification clause. Nothing on the face of the tickets indicated that there were terms on the back of the tickets. The lower court granted summary judgment on the third-party complaint in favor of Crusader, finding that there was no valid contract of indemnification between P&T and Crusader. P&T appealed.

Rule of Law

Issue

Holding and Reasoning (Gillerman, J.)

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