Gray•Duffy, LLP Secures a Defense and Indemnification for Education Services of America in Wrongful Death Lawsuit

August 2014

Overview

Richard M. Williams of Gray•Duffy’s Redwood City office represented Educational Services of America in a wrongful death lawsuit arising out of the stabbing death of a resident of one of Educational Services of America’s residential student facilities. Mr. Williams’ efforts resulted in the lessee’s agreement to defend and indemnify Education Services of America.

Discussion

Finnigan v. CLE, LLC, et al. The Plaintiffs Timothy and Patricia Finnigan are the parents of decedent Jonathan Finnigan who was stabbed to death by a co-resident at an educational residential facility in Monterey, California. The parents filed a wrongful death lawsuit against the stabber as well as Gray•Duffy’s client, the owners and operators of the facility. After substantial negotiations regarding contractual indemnity agreements, the insurance carrier for the lessee of the facility owned by Gray•Duffy’s client agreed to accept the defense of this matter and the file was transferred to Southern California counsel. The trial of the wrongful death action is still pending in Monterey County Superior Court.

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