Steven D. Stutsman aggressively pursued a contractual indemnity claim on behalf of his client, a commercial property owner, against its landscaping contractor. His tenacious efforts to enforce his client’s contractual rights ultimately protected his client from a $1 million payment to the injured Plaintiff.
Plaintiff asserted an injury claim when she slipped and fell in the lobby of a commercial property owned by Steve’s client. Plaintiff had just entered the building after traversing an exterior walkway which had become wet due to running sprinklers that were not properly adjusted to keep the water off the walkway. Plaintiff filed suit against both Steve’s client and the landscaping contractor. Steve, in turn, filed a Cross-Complaint for express indemnity against the landscaping contractor based on language within the contract which required the landscaping contractor to indemnify Steve’s client for all claims arising from their work, unless solely caused by Steve’s client. The Defendants ultimately reached a $1,000,000 settlement with the Plaintiff and proceeded to a bench trial on the indemnity claim to determine apportionment and responsibility for the settlement payment.
Despite the clear language of the contract, the landscaping contractor argued to the court that it was only required to indemnify Steve’s client up to its proportionate share of liability. The landscaping contractor called several witnesses to testify as to the intent of the parties at the time the contract was executed. Steve argued that the language of the contract was clear and unambiguous, and the testimony offered by the landscaping subcontractor should be excluded. The court agreed, excluding the proffered testimony and finding that Steve’s client was entitled to complete indemnity from the landscaping contractor. As a result of the court’s ruling, the landscaping contractor was required to pay Plaintiff’s settlement pursuant to the terms agreed to by the parties.
Indemnity language is a key feature to nearly every service or commercial property contract. At Burrows + Stutsman, we are well versed in the complex laws regarding contractual indemnity rights. It is our detailed understanding of the law which enables us to ensure our clients obtain the full indemnity for which they have contracted.
