Indemnification

By: Derek Hawkins//August 17, 2016//

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WI Court of Appeals – District I

Case Name: Karen Colleran et al v. Erik C. Wildes et al

Case No.: 2015AP537

Officials: Curley, P.J., Kessler and Brennan, JJ.

Focus: Indemnification

M.D. Transportation, Inc. (M.D. Transportation) contracted with Soo Line Railroad (Soo Line) to provide transportation services to Soo Line employees. On January 26, 2012, Karen Colleran, a Soo Line employee, filed a lawsuit against Soo Line, M.D. Transportation, and Matthew Henshaw for injuries she allegedly sustained while a passenger in a vehicle operated by Henshaw.

We conclude that Soo Line is entitled to the $54,064.64 spent litigating M.D. Transportation’s responsibility under the indemnification clause. We remand with directions to amend the judgment to award that amount to Soo Line. In addition, because Soo Line has prevailed on appeal, we remand for the circuit court to determine Soo Line’s reasonable attorney fees and costs on appeal.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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