Gray•Duffy obtains dismissal of client in personal injury lawsuit, and recovers majority of its defense costs pursuant to indemnity agreement.

November 2018

Overview

Lila Fowle v. Rite Aid Corporation Michael Eisenbaum of Gray•Duffy’s Encino, CA office successfully defended a slip and fall lawsuit involving a serious broken hip injury to the Plaintiff.

Discussion

Plaintiff was walking through a parking structure when she allegedly slipped and fell on an oily substance on the ground. Plaintiff sustained a fractured arm and other related injuries as a result of the fall. Plaintiff sued Rite Aid and Ace Parking, who owned and managed the parking structure. Ace Parking, in turn, cross-complained against Gray•Duffy’s client, Toddco Sweeping, who was under contract to power wash the floors of the parking structure on a weekly basis. Toddco then subcontracted that work to Mauz Steam Cleaning. The fall occurred on the day prior to the next weekly steam cleaning, and thus, there was no evidence that the oil on which the Plaintiff fell was present at the time of the prior steam cleaning work. Moreover, by virtue of the subcontract agreement, which contained an indemnity provision in favor of Toddco, Mauz agreed to defend and indemnify Toddco for any and all claims related to the work. As a result of mediation, the case was resolved in which the Plaintiff received a sizeable settlement. Toddco did not contribute any money to the settlement, and obtained a full dismissal and release of the claims against it. Moreover, Toddco also reached a settlement with Mauz wherein Mauz’s insurance carrier reimbursed the majority of Toddco’s defense costs.

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.