Hoist By Its Own Petard.

In an underlying suit, a worker sued a crane company for work-related injuries. The crane company cross-complained against the worker’s employer, seeking indemnity. There had been a form contract between the crane company and the employer which specified that Pennsylvania law would be followed. The trial court found the indemnity agreement was inapplicable to the worker’s claim under Pennsylvania law, found in favor of the employer and ordered the crane company to pay $161,669.87 for the employer’s attorney fees. On appeal, the crane company contended the trial court erred in applying Pennsylvania law. Unimpressed with the crane company’s arguments, the appellate court affirmed, stating:  “Appellant Maxim Crane Works was hoist by its own petard when the trial court enforced an unfavorable choice-of-law provision in a form contract written by Maxim.” Maxim Crane Works, L.P. v. Tilbury Constructors (Cal. App. Third Dist.; August 8, 2012) 208 Cal.App.4th 286.