inadequate safety procedures in place.” National Tank’s Third-Party Complaint at ¶¶ 5-8. National Tank also alleges that “[t]he negligence of Eagle Grove was the proximate cause of the injuries and damages claimed by the Plaintiff in this action,” and that National Tank is, therefore, entitled to indemnity from Eagle Grove, should Cochran prevail in this action. Id. at ¶¶ 9-10. Thus, the pleaded duty, safe set up and operation of the crane, is only “the general duty that every member of society owes to every other member — the duty not to harm him through tortious acts,” not some “independent duty” to National Tank of a “specific, defined nature.” Hysell, 534 F.2d at 782-83; accord Johnson, 481 N.W.2d at 320 (quoting this standard from Hysell); Abild Constr. Co, 144 N.W.2d at 310-11 (<HOLDING>); see also Woodruff Constr. Co., 406 N.W.2d at
holding that an indemnity provision need not be valid and enforceable to trigger obligations under the contract so long as the parties agreed to indemnity holding that a party that settled but failed to immediately notify a third party of indemnity claims did not waive indemnity claims holding that a third party has authority to consent to a search if the third party is a coinhabitant holding that a duty not to cause injury to another by ones negligent act is too broad to serve as a basis for permitting indemnity of an employer to a third party holding that an indemnitee must be proven to be free of negligence in order to receive indemnity either under a general indemnity agreement or under implied indemnity