17 results for 'cat:"Negligence" AND cat:"Indemnification"'.
Per curiam, the appellate division finds that the trial court properly dismissed the third-party complaint, which alleges the companies had a duty to provide indemnification in an underlying workplace accident complaint. While the drywall that fell on the worker was not being hoisted or secured, the claimed labor laws still apply, and there remains a question of whether the employee was a recalcitrant worker. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 20, 2024, Case #: CA 22-01231, Categories: negligence, indemnification
J. Brimmer declines to find that an oil company's indemnification agreement with a gas drilling company was void in claims brought against the gas company after a subcontractor was "severely burned and shocked" upon connecting wires at a work site, as the master service contract does not constitute a construction agreement. The oil company's request for a declaratory judgment was not premature since the court would not make findings concerning the subcontractor's state negligence claims.
Court: USDC Colorado, Judge: Brimmer, Filed On: February 27, 2024, Case #: 1:23cv139, NOS: Other Contract - Contract, Categories: negligence, indemnification, Contract
J. Bledsoe dismisses the third-party complaint filed by a subcontractor against the demolition company that was brought on by a general contractor hired to build a cold-storage facility. In 2020, two of the demolition firm’s employees accidentally released deadly ammonia gas, which killed one employee, delayed the project and damaged the firms’ products. The subcontractor’s complaint alleges the demolition company is responsible for the incident and argues it must pay for the subcontractor’s alleged damages, but its negligence claim is brought after the statute of limitations expired, and its claims for indemnity were insufficiently pleaded.
Court: North Carolina Business Court, Judge: Bledsoe, Filed On: February 23, 2024, Case #: 2024-NCBC-9, Categories: Construction, negligence, indemnification
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J. Torresen denies in part an insurance company’s motion for summary judgment against one of its insureds who accidentally caused a tree to fall and both the tree and his father’s visiting friend to be dragged by his truck, seriously injuring his father’s friend. While the insurance company says it wishes to be exempted from defending its insured, it doesn’t articulate arguments to support such an exemption.
Court: USDC Maine, Judge: Torresen, Filed On: November 29, 2023, Case #: 2:23cv148, NOS: Insurance - Contract, Categories: Insurance, negligence, indemnification
J. Fallon grants summary judgment to an Alabama shipyard and employer of a crane operator and against the owner of an offshore supply boat allegedly responsible for an offshore transfer accident that resulted in the crushing of the operator’s right hand, causing him to sustain partial amputation of his fingers. Because the shipyard has no obligation to indemnify the supply boat owner for vessel negligence, the shipyard similarly has no obligation to obtain insurance that would cover such indemnification.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 22, 2023, Case #: 2:22cv4004, NOS: Marine - Contract, Categories: Employment, negligence, indemnification
J. Moorer grants. in part, the Buc-ee’s convenience store chain’s motion for summary judgement and denies a uniform services company’s motion for summary judgement in this lawsuit brought by a customer that was allegedly injured in this trip and fall claim. Buc-ee’s fails to show any disputing evidence as to the employee’s tortious conduct of the negligence, recklessness and wantonness claims. The majority of the uniform company’s arguments seem to pertain to Buc-ee’s may owe a duty of defense or indemnification. Therefore, the remaining claims for trial are negligence and premises liability against Buc-ee’s and negligence against the uniform firm.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: November 9, 2023, Case #: 1:20cv538, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, indemnification, Premises Liability
J. Kuntz finds that the trial court properly declined to dismiss third-party negligence claims related to a murder committed by a homeless who had been provided a hotel voucher. The city is not entitled to sovereign immunity on the hotel's indemnification claim since the parties had entered a valid contract at the time of the incident. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Kuntz, Filed On: October 4, 2023, Case #: 4D2023-0380, Categories: Immunity, negligence, indemnification
J. Hodges finds that the trial court improperly ruled in favor of the mall in a cross-claim brought against the security company seeking defense and indemnification on the worker's negligence claim arising from gunshot injuries she suffered during an altercation inside the mall. The worker's allegations against the security company are sufficient to require the security company to defend the mall under the security agreement. However, the trial court incorrectly found that the security company had a duty to indemnify the mall because the question of the company's liability has not yet been determined. Reversed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: June 22, 2023, Case #: A23A0390, Categories: negligence, indemnification