by Kent Holland | Feb 9, 2011 | Newsletter Article
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...
by Kent Holland | Feb 9, 2011 | Newsletter Article
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...
by Kent Holland | Feb 9, 2011 | Newsletter Article
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,...
by Kent Holland | Feb 9, 2011 | Newsletter Article
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...
by Kent Holland | Feb 9, 2011 | Newsletter Article
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...
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