Henningson, Durham & Richardson Inc. v. Swift Brothers Construction Co‪.‬

FAIRCHILD, Senior Circuit Judge. In Jaeger v. Henningson, Durham & Richardson, Inc., 714 F.2d 773 (8th Cir. 1983), this court upheld a jury verdict in favor of two workmen for injuries received in a construction project accident. The defendant in that action, the architectural firm Henningson, Durham & Richardson (HDR), subsequently filed suit in district court seeking indemnity or contribution from the construction project general contractor, Swift Brothers, and a subcontractor, Egger Steel.1 The district court granted summary judgment in favor of both defendants holding that (1) South Dakota law precludes contractual indemnity; (2) prior adjudication of HDR's negligence precludes common law indemnity; and (3) state workers' compensation law bars contribution. The court also denied HDR leave to amend its complaint to add counts for breach of express contract and express warranty, negligent misrepresentation, and equitable estoppel, finding these additional claims would not alter the result.