Client Wins
Mancuso & Kim Obtain Summary Judgment and Contractual Indemnity for Property Manager in Personal Injury Case
Cheryl Mancuso (Of Counsel-Boston, MA) and Anne Kim (Associate-Boston, MA) defended a property management company for a logistics facility in a personal injury case in the Suffolk County Superior Court in Boston. The plaintiff alleged that he was injured while working at the facility when an object fell on his head, asserting claims of negligence for failure to install preventative safety features within the facility. Co-defendants asserted cross-claims for contribution against the firm’s client. Cheryl and Anne moved for summary judgment as to the plaintiff’s claims and co-defendants’ cross-claims, and affirmatively moved for summary judgment in favor of the firm’s client as to its cross-claims against the co-defendant tenant of the facility for breach of contract and contractual indemnity for the tenant’s refusal to defend and indemnify the firm’s client under the terms of the commercial lease. The plaintiff and co-defendants/plaintiffs-in-cross-claim did not oppose the motion, though the tenant that was the target of the firm’s client’s cross-claims did oppose. Summary judgment was granted as to all claims against the firm’s client, and as to all cross-claims asserted against the tenant, thereby obligating the co-defendant tenant to pay the attorney’s fees incurred on behalf of the firm’s client in defending the claim.
Cheryl Mancuso and Anne V. Kim