Fullerton Beck Secures Full Contractual Indemnification and Dismissal of Cross-Claims Against Landlord Client in Scaffold Injury Litigation

A Fullerton Beck team led by Managing Partner Eileen Fullerton and Hunter Criscione successfully obtained summary judgment on behalf of the firm’s client, a commercial property owner, securing full contractual indemnification including attorneys’ fees and complete dismissal of all cross-claims arising from a serious workplace accident involving a painter at an auto-body shop.

The underlying action stemmed from an incident in which the plaintiff allegedly fell from a baker scaffold while painting the ceiling of a leased second-floor space. The space was occupied by co-defendant JJ Collision Center LLC, which had retained the plaintiff’s employer to perform the work. The plaintiff claimed to have sustained significant injuries, including bilateral calcaneal fractures requiring surgery and compression fractures to the thoracic and lumbar spine, and asserted that he could not return to gainful employment.

Fullerton Beck represented the property owner, which had leased the premises to JJ Collision pursuant to an agreement requiring the tenant to indemnify and defend the landlord against claims arising from its use of the space. Initial tender demands to JJ Collision’s insurers were rejected, prompting the firm to commence a declaratory judgment action to enforce the indemnification provisions.

Following extensive discovery in the underlying personal injury litigation, the tenant’s primary and excess insurers agreed to accept the tender of defense, albeit with a reservation of rights. Fullerton Beck maintained that such reservation was unwarranted given that its client was not involved in the tenant’s operations or the work being performed.

After the close of discovery, Fullerton Beck moved for summary judgment, seeking enforcement of the lease’s indemnification clause, dismissal of all cross claims, and recovery of attorneys’ fees incurred because of the landlord’s prolonged and unnecessary participation in the litigation.

The court granted the motion in full, holding that the client was entitled to unmitigated contractual indemnification and reimbursement of attorneys’ fees. The court further determined that the landlord bore no responsibility for the alleged accident and dismissed all cross claims asserted against it.