Burkle v. Car & Truck Leasing Co., 467 A.2d 1255 (Conn. App. Ct. 1983). · Go Syfert
Burkle v. Car & Truck Leasing Co., 467 A.2d 1255 (Conn. App. Ct. 1983). Cases Citing This Book View Copy Cite
92 citation events (41 in the last 25 years) across 7 distinct courts.
Strongest positive: Laura McClelland v. Mike Morath, Commissioner of Education in His Official Capacity; And Weatherford Independent School District (texapp, 2025-09-30) · Strongest negative: Western Alliance Insurance v. Wells Fargo Alarm Services, Inc. (ctd, 1997-03-26)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited "but see" Western Alliance Insurance v. Wells Fargo Alarm Services, Inc. (2×)
D. Conn. · 1997 · signal: but see · confidence high
Co. v. City of Dover, 372 A.2d 540 (Del.Super.Ct.1977), app. dismissed, 377 A.2d 1 (Del.1977); Della Corte v. Incorporated Village ofWilliston, 60 A.D.2d 639 , 400 N.Y.S.2d 357 (N.Y.App.Div.1977); but see Burkle v. Car & Truck Leasing Co., 1 Conn.App. 54 , 467 A.2d 1255 (1983) (construing clause in automobile lease that provided lessee would indemnify and hold lessor harmless from any and all liability was broad enough to include promise to indemnify lessor for his own negligence and holding that such an indemnity clause did not violate public policy).
cited Cited as authority (rule) Laura McClelland v. Mike Morath, Commissioner of Education in His Official Capacity; And Weatherford Independent School District
Tex. App. · 2025 · confidence medium
Ct. 1977); Burkle v. Car & Truck Leasing Co., Inc., 1 Conn. App. 54 , 56–57, 467 A.2d 1255, 1257 (1983).
discussed Cited as authority (rule) Mowrey v. Windham
D. Conn. · 2020 · confidence medium
Motors Corp., 34 Conn, Supp. 684, 688 (Super Ct., App. Session 1977) (holding that “all” “includes a promise to indemnify even the negligent indemnitee”); see also Cirrito v. Turner Const. Co., 189 Conn. 701, 709 (1983) (holding that “all” is as broad a term there is and has no exceptions); Burkle v. Car & Truck Leasing Co., 1 Conn. App. 54, 57-58 (1983) (holding that “any and all” includes a promise to indemnify a negligent indemnitee); Szvmanska, 2017 WL 4080438 , at *4—-5 (same).
discussed Cited as authority (rule) Coale v. Metro-North Railroad
D. Conn. · 2014 · confidence medium
Noting the legislature’s intent to outlaw exculpatory provisions in the construction industry and not elsewhere, the Connecticut Appellate Court remarked: “Rather than buttressing the argument of voidness [in other situations] on public policy grounds, the effect of this statute is just the opposite.” Burkle v. Car & Truck Leasing Co., Inc., 1 Conn.App. 54, 58 , 467 A.2d 1255, 1257 (1983).
discussed Cited as authority (rule) Ottaviano v. Genex Cooperative, Inc.
N.Y. App. Div. · 2003 · confidence medium
Thus, under the clear and unambiguous language of the contract, Praxair agreed to indemnify and hold Genex harmless from any liability, including liability for damages resulting from Genex’s own negligence (see Burkle v Car & Truck Leasing Co., 1 Conn App 54, 56-57, 467 A2d 1255, 1257 [1983]; Laudano v General Motors Corp., 34 Conn Supp 684, 688-689, 388 A2d 842 , 845 [1977]).
discussed Cited as authority (rule) Albany Insurance v. United Alarm Services, Inc.
D. Conn. · 2002 · confidence medium
“The legislature, in specifically outlawing hold harmless agreements in the construction industry, showed an intention that such a practice not be deemed against public policy in other situations, for had the legislature *96 intended to outlaw all such provisions as against public policy, it could have said so.” Burkle v. Car and Truck Leasing Co., Inc., 1 Conn.App. 54 , 467 A.2d 1255, 1257 (1983). 3 Second, § 52-572k governs only those contracts “entered into in connection with or collateral to a contract or agreement relative to the construction, alteration, repair or maintenance of a…
cited Cited as authority (rule) Pegasus Management Co., Inc. v. Lyssa, Inc.
D. Mass. · 1998 · confidence medium
Burkle v. Car and Truck Leasing Co., Inc., 1 Conn. App. 54, 56-57 , 467 A.2d 1255, 1256-7 (1983); Laudano v. General Motors Corp., 34 Conn. Supp. 684, 687-9 , 388 A.2d 842 , 845 (1977).
discussed Cited "see" Malin v. White Water Mountain Resorts, No. 432774 (Mar. 16, 2001) (2×)
Conn. Super. Ct. · 2001 · signal: see · confidence high
See Burkle v. Car Truck Leasing Co ., 1 Conn. App. 54 , 467 A.2d 1255 (1983); Laudano v. General Motors Corp ., 34 Conn. Sup. 684 , 388 A.2d 842 (App. Sess.
discussed Cited "see" Fiorello v. Universal Builders Supply Inc., No. Cv95 0376404 (Dec. 8, 1997) (2×)
Conn. Super. Ct. · 1997 · signal: see · confidence high
See Burkle v. Car Truck Leasing Co. , 1 Conn. App. 54 , 57 , 467 A.2d 1255 (1983) (discussing an indemnity agreement in the context of a lease); Dunn v. F. J.
cited Cited "see" Sandella v. Dick Corporation, No. Cv92 0335582 (Jul. 24, 1997)
Conn. Super. Ct. · 1997 · signal: see · confidence high
See Burkle v. Carolina Truck Leasing Co., Conn. App. 54, [ 1 Conn. App. 54 ], 57 (1983).
cited Cited "see" Lodge v. Arett Sales Corp., No. Cv 90-0098122s (Oct. 11, 1996)
Conn. Super. Ct. · 1996 · signal: see · confidence high
See Burkle v. Carr Truck Leasing Co. , supra. Also see Laudana v. General Motors Corporation , 34 Conn. Sup. 684 (1977).
discussed Cited "see, e.g." 12 Havemeyer Place Co., LLC v. Gordon (2×)
Conn. App. Ct. · 2003 · signal: see, e.g. · confidence low
See, e.g., Burkle v. Car & Truck Leasing Co., 1 Conn. App. 54, 57-58 , 467 A.2d 1255 (1983).
discussed Cited "see, e.g." Smith v. Mitsubishi Motors Credit of America, Inc. (2×)
Conn. · 1998 · signal: compare · confidence low
Compare Burkle v. Car & Truck Leasing Co., 1 Conn. App. 54, 57 , 467 A.2d 1255 (1983) (evaluating clarity of indemnity clause where plaintiff had alleged ambiguity).
Retrieving the full opinion text from the archive…
Marie Burkle Et Al.
v.
Car and Truck Leasing Company, Inc.
(2339).
Connecticut Appellate Court.
Oct 11, 1983.
467 A.2d 1255
Bruce W. Thompson, for the appellant (intervening plaintiff). Barry P. Beletsky, with whom, on the brief, was Harold C. Donegan, for the appellee (defendant).
Dannehy, Testo, Hull.
Cited by 45 opinions  |  Published
Hull, J.

The sole issue of law raised by this case is whether the defendant lessor was entitled to be held harmless and indemnified by the lessee under the lease provision for its own delict in furnishing a defective motor vehicle.

The plaintiff brought suit for damages for personal injuries sustained while operating an allegedly defective motor vehicle leased by her employer from the defendant. The plaintiff’s employer, Shoreline Association for the Retarded and Handicapped, Inc., intervened to secure reimbursement for money payable to the plaintiff under the Workers’ Compensation Act. The defendant counterclaimed against the intervening plaintiff for indemnification for any such sums it might be required to pay under Paragraph VI (e) of the lease.

The plaintiff’s complaint alleges negligence, products liability and breach of warranty wherein she claims that on August 4,1978, she was involved in a one-car accident while driving a motor vehicle owned by the defendant. The plaintiff alleges that the defendant had recently repaired the brakes and returned the vehicle to the plaintiff’s employer, warranting that the brakes were repaired and in good working order.

[*56] The parties agreed in oral argument before the trial court, solely for the purpose of testing the legal effect of the hold’harmless and indemnification provisions of the lease, that the vehicle involved in the accident was in a defective condition at the time the vehicle was leased and that the lease represented the agreement of the parties. The court rendered a summary judgment in favor of the defendant and found the intervening plaintiff liable under the lease, from which judgment the intervening plaintiff appeals. [1]

Paragraph VI (e) of the lease provides that the “[ljessee agrees to indemnify and hold [ljessor harmless from any and all liability, loss, costs, damages and expenses including reasonable attorneys’ fees caused by or arising from ownership, use, operation ... of one or more automobiles leased hereunder.” (Emphasis added.)

A very similar contractual provision was construed by the Appellate Session of the Superior Court in Laudano v. General Motors Corporation, 34 Conn. Sup. 684, 688, 388 A.2d 842 (1977), to require indemnification for the indemnitee’s own negligence as follows: “ ‘An intention to indemnify one against his own negligence must be expressed in clear and unequivocal language.’ United Aircraft Corporation v. David H. Mackenzie, Inc., 196 F. Sup. 933, 935 (D. Conn. [1961]); see United States v. Seckinger, 397 U.S. 203 [90 S. Ct. 880, 25 L. Ed. 2d 224 (1970)]. The language of the contract provision in this case clearly unqualifiedly, and unequivocally states that the ‘Seller agrees to indemnify and protect Buyer against all liabilities, claims or demands . . . growing out of the performance of this contract. . . .’ (Emphasis added.) There cannot be any broader classification than the word ‘all’. United States Steel Corporation v. Emerson-Comstock Co., 141[*57] F. Sup. 143, 146 (N.D. Ill. [1956]). In ‘its ordinary and natural meaning, the word ‘all’ leaves no room for exceptions.’ Jacksonville Terminal Co. v. Railway Express-Agency, Inc., [296 F.2d 256, 261 (5th Cir. 1961), cert. denied, 369 U.S. 860, 82 S. Ct. 949, 8 L. Ed. 2d 18 (1962)]. The plain meaning of the words employed in the contract fairly includes a promise to indemnify even the negligent indemnitee. There is no reason why more should be required to establish the unmistakable intent of the parties.” See also Leonard Concrete Pipe Co. v. C. W. Blakeslee & Sons, Inc., 178 Conn. 594, 598-99, 424 A.2d 277 (1979).

The intervening plaintiff seeks to distinguish Laudano v. General Motors Corporation, 34 Conn. Sup. 684, 388 A.2d 842 (1977). It is claimed that the lease is ambiguous. “A court will not torture words to import ambiguity when the ordinary meaning leaves no room for ambiguity, and words do no become ambiguous simply because lawyers or laymen contend for different meanings.” Downs v. National Casualty Co., 146 Conn. 490, 494-95, 152 A.2d 316 (1959). The lease in the present case provided indemnification for “any and all liability,” an even stronger and more inclusive provision than the “all liabilities” language upheld in Laudano v. General Motors Corporation, supra, 688.

The case of Laudano v. General Motors Corporation, supra, is on all fours with this case and is controlling. Any distinction is a distinction without a difference.

The intervening plaintiff also argues that the provision in question is void as against public policy in that it jeopardizes the safety of the public, citing General Statutes § 52-572k [2] as authority.

[*58] Rather than buttressing the argument of voidness on public policy grounds, the effect of this statute is just the opposite. The legislature, in specifically outlawing hold harmless agreements in the construction industry, showed an intention that such a practice not be deemed against public policy in other situations, for had the legislature intended to outlaw all such provisions as against public policy, it could have said so. See Connecticut State Board of Labor Relations v. Board of Education, 177 Conn. 68, 72, 411 A.2d 28 (1979); Busko v. DeFilippo, 162 Conn. 462, 471, 294 A.2d 510 (1972).

There is no error.

In this opinion the other judges concurred.

1

This appeal, originally filed in the Supreme Court, was transferred to this court. Public Acts, Spec. Sess., June, 1983, No. 83-29, § 2 (c).

2

General Statutes § 52-572k provides: “(a) Any covenant, promise, agreement or understanding entered into in connection with or collateral to a contract or agreement relative to the construction, alteration, repair or maintenance of any building, structure of appurtenances thereto including moving, demolition and excavating connected therewith, that purports to[*58] indemnify or hold harmless the promisee against liability for damage arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of such promisee, his agents or employees, is against public policy and void, provided this action shall not affect the validity of any insurance contract, workers’ compensation agreement or other agreement issued by a licensed insurer.

“(b) The provisions of this section shall apply to convenants, promises, agreements or understandings entered into on or after the thirtieth day next succeeding October 1, 1977.”