Attorneys Secure Summary Judgment for Supermarket Retailer

Christopher Mueller and John Kessenich obtained a favorable summary judgment on behalf of a supermarket retailer for complete indemnity from a contractor performing work on the premises. The Plaintiff was injured after slipping on rain water that entered the store through a temporary wall erected by the contractor during renovation work. The court found that the Plaintiff’s injuries were caused by the contractor’s work at the store and the claims against the supermarket arose out of the contractor’s work.  The Court then upheld the indemnity provision in the contract between the supermarket and the contractor, ensuring any damages awarded to the Plaintiff are ultimately paid by the contractor that caused them, and not on the supermarket as the premises owner.