Scott Galvanizing Inc. V. Northwest Enviroservices Inc‪.‬

Northwest EnviroServices, Inc. (Northwest) challenges a grant of summary judgment in favor of Scott Galvanizing, Inc. (Scott) for indemnity against liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. § 9601 et seq. Northwest failed to move for summary judgment. The Superior Court for King County held, as a matter of law, the terms of a hazardous waste transportation agreement between the parties required Northwest to indemnify Scott for its CERCLA liability. After a bench trial to determine the amount of the indemnity,  the trial court held Northwest liable for 39.6 percent of Scott's CERCLA costs and attorney fees. The Court of Appeals affirmed. Scott Galvanizing, Inc. v. Northwest EnviroServices, Inc., 63 Wash. App. 802, 822 P.2d 345 (1992). We hold the trial court and the Court of Appeals erred in granting summary judgment for Scott inasmuch as questions of fact remain to be resolved.