OverviewMichael Eisenbaum of Gray•Duffy’s Encino office employs relentless effort in the defense of Bragg Crane and Rigging to secure a dismissal of the client and recover all attorney’s fees and costs incurred during the course of the litigation.
Discussion:J.J. CREWE & SON, INC. v. USS CAL BUILDERS, INC., et al Bragg Crane & Rigging provided crane services for the lifting of certain metal railings on a building at the Hyperion Treatment Plant Digester Gas Compressor Facility. During some of the lifts, there were some scratches on the railings, which required painting. Bragg then subcontracted to Cor-Ray Painting to perform the painting of the railings, which were on the roof of the building. The City contended that the compressors inside the building failed, in part as a result of acetone getting on the compressors and damaging the seals. This claim was presented first to JJ Crewe (the manufacturer of the compressor units), who in turn sued the general contractor, USS Cal Builders, who then sued Bragg Crane and others. After lengthy litigation, it was apparent that no party would be able to prove that the painting work damaged the compressors, and upon pressing for a dismissal, USS Cal Builders finally agreed to dismiss Bragg in exchange for a waiver of costs. Meanwhile, Bragg had tendered to Cor-Ray and its insurance company, Arch Specialty pursuant to the indemnity and additional insured provisions in the subcontract agreement. Ultimately, Arch finally agreed, and issued payment for all of Bragg’s defense fees and costs, essentially at the same time as the agreement for the dismissal of Bragg occurred. The client was fully dismissed from the case and successfully recovered all of the defense costs and fees incurred throughout the entire litigation from Cor-Ray’s insurer, Arch Specialty.
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