Back to news
8/17/2010
Rendigs attorneys, Pete Ney and Mike Chapman, received summary judgment in a contract dispute that ultimately resulted in our client being dismissed from the case and the adverse party (property owner) paying the client’s legal fees and expenses.
The underlying dispute involved an elevator accident case. Plaintiff claimed to have sustained various injuries when a hydraulic elevator, under a maintenance contract with our client, allegedly jerked and fell. The contract contained defense, indemnity and additional insured provisions that arguably ran in the maintenance company’s favor.
Upon being notified of the claim, Pete and Mike brought the contract provisions to the owner’s attention and requested a dismissal of its Third Party Complaint. When that did not occur, they tendered the maintenance company’s defense and indemnity obligations back to the owner and its insurer. When that tender was denied, they filed a Counterclaim against the owner. And, when sufficient discovery had been completed, they filed a Motion for Summary Judgment on the Third Party Complaint and our client’s Counterclaim back against the owner. All along the way, they reaffirmed the tender and requested a dismissal of the action, but the owner steadfastly refused.
The Court only ruled on and granted Rendigs’ Motion for Summary Judgment on the owner’s Third Party Complaint. Regardless, the owner eventually agreed to a mutual dismissal of claims and to pay our client’s defense fees and expenses. The owner then settled the underlying claims of Plaintiff. The case is now concluded.
