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CLARK v. WILLIAMETTE INDUS.

March 12, 1996

JOHN C. CLARK, PAMELA CLARK, his wife, Plaintiffs,
v.
WILLIAMETTE INDUSTRIES, INC., Defendant. WILLIAMETTE INDUSTRIES, INC., Third-Party Plaintiff, v. SOUTHERN INDUSTRIAL CONSTRUCTORS, Third-Party Defendant.



The opinion of the court was delivered by: COHILL

 COHILL, D.J.

 This is a negligence action brought by the plaintiffs John C. Clark and Pamela Clark, his wife, against Willamette Industries, Inc. ("Willamette"). The Clark's complaint was filed in the Court of Common Pleas of Elk County, Pennsylvania, and was removed to this Court. Willamette subsequently impleaded, as third-party defendant, Southern Industrial Constructors, Inc. ("Southern").

 I. Background

 On July 12, 1991, Willamette and Southern entered into a contract whereby Southern agreed to perform construction work at Willamette's paper mill in Johnsonburg, Pennsylvania. On June 8, 1993, Mr. Clark was injured while working at this facility as a pipe fitter for Southern. As a result of this accident Mr. Clark has collected nearly $ 99,000 in worker's compensation from Southern's insurance company, Argonaut Insurance Company. In addition to his worker's compensation claim, Mr. Clark filed a negligence action against Willamette. Ms. Clark joined in this complaint alleging a loss of consortium.

 Willamette impleaded Southern, asserting that pursuant to paragraph F of the aforementioned contract, Southern was required to indemnify Willamette for any liability it has to the Clarks. Paragraph F reads as follows:

 Hold Harmless Clause

 
The Contractor agrees to hold and save harmless the Owners, Willamette Industries, Inc., from any or all loss, costs of damage as a result of bodily injury liability or property damage liability which may arise out of or in connection with this contract with the exception of such loss or costs resulting from sole negligence of the Owner.

 3d Party Def.'s Br. at Ex. C.

 Pending before this Court is Southern's Motion for Summary Judgment. It argues that the Hold Harmless Clause does not require indemnification for cases arising under Pennsylvania's Workmen's Compensation Act. 77 Pa. Stat. Ann. § 1 et seq. ("Act"). Willamette argues that this clause acts as a waiver of Southern's statutory immunity. The Clarks have filed a one page memorandum stating that they agree with the legal positions asserted in Southern's brief.

 Also pending are two Motions to Compel Discovery filed by the Clarks.

 II. Motion for Summary Judgment

 Summary Judgment shall be granted when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is ...


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