Gray•Duffy achieves dismissal of client pursuant to a settlement paid by the client’s subcontractors through indemnity agreements, in traumatic brain injury case.

May 2018

Overview

Richard M. Williams of Gray•Duffy’s Redwood City office represented Karen Antion Consulting, LLC as a cross-defendant on an indemnity cross-complaint in a traumatic brain injury personal injury case.

Discussion

Butler v. Transitamerica Services, Inc.

Plaintiff Curtis Butler was injured at the Cal Train control facility in San Jose, California on December 17, 2012. He tripped over a loose carpet square in the control room, sustaining a serious head injury. That case resulted in a confidential substantial six-figure settlement. The plaintiff’s employer then sought indemnity by way of cross-complaining against all of the contractors who worked on the remodeling of the facility. Gray•Duffy’s client KAC was the contractor in charge of installation and implementation of the new software configuration for Cal Train at the San Jose facility and was alleged to have been in charge of the construction, including placement of the subject carpet squares at the facility. There were six other contractors/cross-defendants on the cross-complaint.

After several years of written discovery, depositions and motions, the case was finally settled after two days of mediation. Gray•Duffy’s client KAC paid no money toward the six- figure indemnity settlement as KAC’s contracts with all of its subcontractors were held to be valid and enforceable, including the indemnity provisions therein. All settlement monies were paid by the other cross-defendants, not by KAC.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.