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Work Connection6/11/2002
HALBROOKS, Judge
An employee of appellant, a temporary labor agency, was injured while working for respondent, and appellant paid workers' compensation benefits to the employee. Appellant then sued respondent, contending that respondent had contracted to indemnify appellant for this loss based on language on the back of a work verification form. In the alternative, appellant sought contribution. The trial court granted a directed verdict for respondent.
Appellant brought a motion for a new trial, which was denied. Because the indemnification language on the back of the work verification form was not part of the parties' original agreement and because the parties were not engaged in a common enterprise, we affirm.
FACTS
Appellant The Work Connection, Inc., is a temporary employment agency that provides temporary industrial and manufacturing labor to customers for a fee. In February 1995, Doyle Olson, a sales representative for appellant, contacted Bruce Neisse, the Shakopee plant manager for respondent Universal Forest Products, Inc. The two discussed respondent's need for temporary workers and exchanged business cards. The topic of workers' compensation insurance coverage was discussed, as it was a concern for respondent. Olson wrote "cert of ins" on the card he received from Neisse, ostensibly as a reminder to himself to send Neisse a copy of appellant's certificate of insurance.
Olson sent Neisse a follow-up letter that stated that appellant carried workers' compensation insurance. Olson testified that he expected that respondent would rely on his letter stating that appellant had workers' compensation insurance. Olson's business card also stated that appellant's employees were "Insured, Screened and Guaranteed." In addition, appellant sent respondent the certificate verifying that appellant maintained workers' compensation insurance covering its employees who were sent to job sites.
Neisse referred Olson to Ken Von Bank, respondent's production manager and the individual with direct supervisory authority over temporary workers. Olson testified that he had no recollection of a conversation with Von Bank relating to workers' compensation insurance. Respondent hired appellant's employees to construct fence panels at its Shakopee plant in 1995.
Olson supplied respondent with work verification forms that were used as employee timecards. Respondent filled out and signed the forms, which contained the worker's name, date, and hours worked. Submission of a completed, signed form was required for an employee to be paid, and appellant processed the forms through its payroll department.
The work verification forms contained the following language:
CUSTOMER AGREES TO THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE HEREOF AND CERTIFIES THAT THE LISTED EMPLOYEES HAVE SATISFACTORILY PERFORMED SERVICES FOR THE HOURS SHOWN ABOVE.
The back of the verification form stated the following:
CONDITIONS OF UNDERTAKING
2. Without the prior written consent of THE WORK CONNECTION, CUSTOMER will not require THE WORK CONNECTION employees to:
(a) Operate machinery, equipment or vehicles not covered by CUSTOMER's liability or property damage insurance.
(b) Operate dangerous or unprotected machinery.
3. CUSTOMER agrees to indemnify, hold harmless and defend THE WORK CONNECTION against claims, damages, or penalties under the following circumstances:
(b) From any claims for bodily injury (including death), or loss of, and loss of use of, or damage to, property arising out
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