Dorthy Schwefringhaus was hurt and her husband fatally injured in a traffic collision at a railroad crossing on a state highway. She sued CSX, the owner of the tracks, for negligence, arguing the condition of the crossing caused the collision. CSX settled with Ms. Schwefringhaus and then sued the state Department of Transportation, arguing its contract with the DOT included an indemnity clause shielding CSX from liability in such cases. The trial court entered judgment in favor of CSX. The Second District Court of Appeal upheld that decision and DOT asked this Court to review the case.