The firm represented a subcontractor as independent counsel in connection with a multi-million dollar personal injury case filed by one of its employees who was injured on a construction project. The employee was exempt from workers’ compensation and sued the general contractor and the subcontractor, who created the injury-causing hazard. The subcontractor responsible for causing the injury cross-claimed against the client for equitable indemnity, claiming that it failed to follow jobsite safety protocols.
The firm and its co-insurance defense counsel successfully defeated the claim by settling with the injured employee for a minor amount, which was approved by a court determination of good faith settlement. The insurance company for the firm’s client was also disputing liability and coverage under the client’s commercial general liability policy. The firm successfully convinced the insurer to provide the necessary defense and indemnity benefits to defeat the multi-million dollar indemnity claim.
Counsel: David W. Smiley