Carol Constable, F/k/a Carol Graham, D/b/a Flowers N' Roses, Petitioner v. Northglenn, LLC, a Colorado Limited…

Summary

The court held that the lease’s indemnity provision clearly and unequivocally required Constable to indemnify Northglenn for injuries to her customers caused even by Northglenn’s own simple negligence. It also held that indemnification for liability arising from breach of a nondelegable duty does not delegate or eliminate that duty and therefore does not violate public policy. The court affirmed the court of appeals’ reversal of summary judgment for Constable.