Mid-America Sound Corp. v. Ind. State Fair Comm’nAnnotate this Case
The Indiana State Fair Commission manages the Indiana State Fair. Since the 1990s, the Commission has utilized Mid-America Sound to provide equipment for the concerts and other events that take place at the Fair.
In August 2011, on the closing night of the Fair, the Mid-America’s roof collapsed, killing seven people. The victims and families filed lawsuits, including as defendants Mid-America and the Commission. Mid-America filed a third-party lawsuit claiming that the Commission was required to indemnify it for Mid-America’s own negligence in relation to the roof collapse due to years-long course of conduct in paying invoices that had standard indemnity language on the back. The trial court granted summary judgment for the Commission. The Supreme Court affirmed, holding that because the terms of Mid-America’s invoices to the Commission did not clearly and unequivocally provide for retroactive application, the Court will not infer such a provision from a course of dealing.