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Contracts: Indemnification-Discrimination Verdict
Staff Report//September 15, 2023
Where a city filed a third-party petition against an occupational health center, which it had contracted with to provide drug testing services, after the city was found liable for discrimination against an employee in a dispute arising from her drug testing, and the city argued that the health center was contractually obligated to indemnify the city for the discrimination verdict, the city’s liability in the case arose from its own acts and omissions, and the contract expressly provided that the health center was not obligated to indemnify for the city’s own negligence.
City of Kansas City v. Occupational Health Centers of the Southwest (MLW No. 80506/Case No. WD85602 – 20 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Appealed from circuit court, Jackson County, Burnett, J. (Bret R. Kassen, Kansas City, Missouri, for appellant) (Scott K. Logan, Merritt B. Watson and David M. Tyrell, Prairie Village, Kansas, for respondent).
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