Mark R. Vespole

Florham Park, New Jersey, partners Mark Vespole and Jennifer Moran and Adam Levitsky (Associate-Florham Park, NJ) successfully moved for summary judgment against a third-party defendant contractor in a personal injury case. The plaintiff was seriously injured while working for the contractor at our client condominium association’s property after a set of steps collapsed. The fall resulted in a permanent disability, including chronic regional pain syndrome, and the plaintiff is allegedly unable to return to work. Mark, Jennifer and Adam argued that the contractor breached its services contract for failure to procure primary and non-contributory additional insured coverage for the association, and also was required to provide contractual indemnification to the firm’s client. The Court granted summary judgment for breach of contract for failure procure insurance and separately for contractual indemnification. The contractor was ordered to reimburse the firm’s client for past and continued costs to defend through settlement or verdict, including any ultimate indemnity obligation of the firm’s client. Plaintiff is demanding an eight figure amount to resolve the matter.