Rapid Response for Catastrophic Accidents Only

Eckell and Gallagher Secures Order for Summary Judgment

Lee Eckell and Megan Gallagher secured an Order for Summary Judgment on behalf of their client, a general contractor, in a case in which the Plaintiff, an employee of a subcontractor, injured himself on a work site with a chain saw. The motion for summary judgment argued that the subcontractor was required under the terms of the subcontract to indemnify, hold harmless, and cover all costs of defense on behalf of the contractor for the Plaintiff’s lawsuit. Counsel for the subcontractor argued that the language of the subcontract was not specific enough under NJ case law, Azurak v. Corporate Property, 347 N.J. Super. 516 (App Div. 2002) to require indemnification. After oral argument, the judge disagreed with the subcontractor’s position and found that the subcontract language was in fact comprehensive enough to require immediate indemnity and defense on behalf of the general contractor. The court required the subcontractor to immediately cover all costs of defense and indemnify FHMS’ client.