Blair v. Mann

In Blair v. Mann (Apr. 8, 1999), Lawrence App. No. 98CA35, 1999 Ohio App, a commercial landlord sought indemnification from the renter for damages an individual sustained on the premises. The landlord settled with the injured party and then sought indemnification from the renter. The trial court denied the landlord's claim for indemnification because the landlord failed to prove that it was actually liable to the injured party and that the settlement was fair and reasonable. On appeal, the landlord argued that the trial court wrongly required it to prove its own negligence to be entitled to indemnity. The Court disagreed and stated: "The general rule of indemnity in the settlement context requires the purported indemnitee to establish by a preponderance of the evidence that the indemnitee was actually liable to the injured party." The Court held that under Globe Indemnity Co. v. Schmitt (1944), the indemnitee must "show that he was legally liable and could have been compelled to satisfy the claim." Ultimately, the Court determined that the landlord failed to show that the settlement was fair and reasonable.