Murphy and Gurman Secure Summary Judgment

Casey Murphy and Amanda Gurman secured summary judgment in a client’s favor, dismissing a third-party complaint brought against the client and obtaining judgment on the client’s cross-claims for contractual indemnification against a subcontractor.

The action was a property damage action wherein the client was contracted to perform property management services.  However, the client subcontracted these services out and did not perform any work or employ anyone at the property.  In granting the summary judgment motion, the Court held not only that the client was not liable to any party in the action based on its lack of presence at the property, but that the client was entitled to full indemnification from the subcontractor for the costs and expenses incurred in defending the action.

This was a particularly gratifying win because, despite clear contractual language requiring indemnification, the subcontractor had refused to defend and indemnify our client.  Now that subcontractor has been ordered to pay all of the client’s costs and fees in the case, costs which would have been avoidable if they had lived up to their contractual obligation in the first instance.

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