January 7, 2011
Andrew D. Wright and A.J. Sano recently won summary judgment for their client, a commercial tenant in a local office building. The lawsuit arose out of a personal injury claim presented by one of the tenant’s employees. The employee filed suit against the building’s owner and others who were alleged to have been responsible for a dangerous condition existing on the premises of the office building. The building owner filed a third-party complaint against the tenant seeking indemnification under a lease agreement for the personal injury claim of the tenant’s employee.
The tenant moved for summary judgment, arguing that because the personal injury claim against the building’s owner was covered by insurance, the owner’s third-party claim was barred by a waiver of subrogation provision found in the lease agreement. The trial court agreed and dismissed the building owner’s claim as a matter of law.