Gray•Duffy Obtains Significant Defense Victory and Successful Summary Judgment Motions in Major Construction Accident

March 2007

Overview

Brian Plessala obtained a significant defense victory with three successful summary judgment motions in a major construction accident involving a scissor lift which collapsed after running over an uncovered drain. Mr. Plessala represented the concrete contractor who installed the prefabricated drain.

Discussion

Jared Boushamer, et al. v. Abboud Diamond Construction, Inc., et al.

Mr. Plessala’s client was sued by the general contractor and two other subcontractors involved in the incident under a theory of express indemnity.

Mr. Plessala’s summary judgment motion against the general contractor was based on establishing that the indemnity provision in the subcontract was a “Type II” indemnity under which the general contractor could not be indemnified for its active negligence. Mr. Plessala then established undisputed facts demonstrating that the general contractor’s active negligence was a cause in the incident. The summary judgment was also granted on alternative grounds that the incident did not arise out of the work of the concrete contractor and therefore, the indemnity provision was not triggered. Mr. Plessala also successfully defeated the implied indemnity claims of the various subcontractors on this ground.

During post-judgment matters, Mr. Plessala also assisted in helping to defend an inter-carrier action arising from the case. This was also resolved in a favorable manner.

Accidents on aerial work platforms are not uncommon and can quite easily cause injury. If you require a Bucket Truck Accident attorney in Huntsville, AL, you might want to reach out to Morris, King, & Hodge P.C.

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.