Indemnity Clause Requires Subcontractor to Indemnify Prime for Injuries Arising out of the Prime’s own Negligence
Bodily Injury,Indemnification,Negligence
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Where the indemnity clause of a contract expressly exculpated a prime contractor from the consequences of its own negligence that resulted in injury to a subcontractor’s worker, the prime was entitled to be indemnified by the subcontractor because the claim arose out of the performance of the contract. In Spawglass, Inc. v. E.T. Services, Inc., [...]
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Personal Injury Case against Engineer Dismissed for Lack of Expert Testimony
Bodily Injury,Expert Witness,Negligence,Site Safety,Standard of Care,Third Party Claims
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Where a pedestrian sued a city and its engineering consultant for negligent design and construction, and failure to warn of a dangerous condition in a sidewalk, a court held that the engineer was entitled to summary judgment. This was because the plaintiff did not present expert testimony on the professional standard of care, and the [...]
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No Liability under New York Labor Law for Project Owner and Lender where Worker’s Injury
Bodily Injury,New York Labor Law,Site Safety,Strict Liability
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The strict liability imposed by Section 240 of the New Labor Law appears to have been somewhat clarified in the decision of Rupert Blake v. Neighborhood Housing Services of New York City, Inc., 2003 NY Slip Opinion 19690, Court of Appeals (Dec. 2003). In this case, the plaintiff was an individual that operated his own [...]
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Incident Reports are Held to be privileged
Bodily Injury,Incident Reports,Privilege,Wrongful death
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A California Court of Appeals held earlier this month that incident reports are protected by the attorney-client privilege when certain criteria are met. Scripps Health v. Superior Court (Reynolds), 2003 D.A.R. 6059 (filed June 6, 2003) This case is particularly instructive to companies, such as property owners and managers, which regularly confront mold claims and [...]
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Court Rejects Employees’ Claim against Employer for Fraudulent Concealment of Mold
Bodily Injury,Mold,Workers compensation
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The California Appellate Court (2nd Dist.) recently affirmed the trial court’s summary adjudication of an employee’s tort action brought against her employer. Jensen v. Amgen, Inc. (2003) 105 Cal. App. 4th 1322. An employee injured during the course of employment is generally limited to remedies available under the Worker’s Compensation Act. However, there is a [...]
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Professional Services Exclusion of Engineer’s CGL Policy Properly Applied to Bar Coverage for Wrongful Death Action Resulting from Trench Collapse
ConstructionRisk.com Report Vol. #12, Issue #10
See article in the following topic indices:
Bodily Injury,CGL,commercial general liability,Insurance Coverage Dispute,professional services exclusion,Wrongful death
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An employee of a contractor died due a trench collapse during installation of a sewer line. His wife filed a wrongful death action against the project engineer, alleging that the firm overseeing the project owed a duty to the worker to perform its professional services in accordance with appropriate standards and acted negligently by failing [...]
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