Kreisman Law Offices Professional Corporation
Humberto Menendez was working for Steine Cold Storage, Inc., which was a subcontractor for the installation of thermo units at a Wal-Mart store under construction in Indiana. Steine rented a boom lift from NES Rentals.
NES Rentals delivered the lift to the construction site on Aug. 23, 2006. The Steine foreman on site signed a 1-page, double-sided, rental agreement that was given to him by NES Rentals.
A paragraph including an indemnification clause was posted on the backside of the rental agreement. The indemnification clause stated that Steine indemnified NES against any claims arising out of negligence as to the use of the rented boom lift.