Appalachian Aggregates, LLC, dba Kelly Mountain Quarry v. Roger Wiss, Hardman Trucking, Inc., Charles W. Beckner, and Flanigan Field Services, LLC, 21-0869

Appalachian Aggregates (Kelly Mountain Quarry) and Hardman Trucking entered a 2019 Trucking Agreement containing an indemnity clause requiring Hardman to hold Appalachian harmless for liabilities arising from Hardman’s actions when hauling materials "as shall be requested by Appalachian."
Appalachian admitted in discovery that the indemnity clause applies only when Hardman is hauling for Appalachian pursuant to the contract.
On October 2, 2019, Hardman purchased gabion stone from Appalachian and loaded it onto Hardman trucks for a Hardman customer; a stone fell during transport and seriously injured Carol Sue Huffman.
Huffman sued Appalachian (and others); Appalachian filed a third-party complaint against Hardman and demanded express indemnification under the Trucking Agreement.
Hardman moved for summary judgment, arguing the indemnity clause did not apply because the October 2 transport was for Hardman’s customer, not “for Appalachian pursuant to the contract.” The circuit court granted summary judgment for Hardman.
The West Virginia Supreme Court affirmed, holding Appalachian was not entitled to express indemnification because the undisputed record showed the hauling was not performed under the Trucking Agreement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Trucking Agreement’s indemnity clause requires Hardman to indemnify Appalachian for the October 2, 2019 accident	Indemnity language is broad and requires Hardman to indemnify Appalachian for any liability arising from Hardman’s actions	Indemnity applies only when Hardman is hauling for Appalachian pursuant to the contract; here Hardman hauled for its own customer	Indemnity clause does not apply; no indemnity owed because hauling was not under the contract
Whether summary judgment was appropriate given the record	Appalachian contends disputed issues of fact support its claim	Hardman points to Appalachian’s admissions in discovery removing any factual dispute about who the hauling served	Summary judgment appropriate; no genuine issue of material fact about whether the contract covered the October 2 transport

Painter v. Peavy, 192 W. Va. 189, 451 S.E.2d 755 (1994) (summary judgment reviewed de novo)
Barnett v. Wolfolk, 149 W. Va. 246, 140 S.E.2d 466 (1965) (appellate court may affirm on any correct legal ground shown in the record)
Old Republic Ins. Co. v. O’Neal, 237 W. Va. 512, 788 S.E.2d 40 (2016) (appellate courts may affirm for any adequate ground)
Williams v. Precision Coil, Inc., 194 W. Va. 52, 459 S.E.2d 329 (1995) (court may affirm on grounds other than those relied on below)