Clausen Miller Shareholders Carl M. Perri and Matthew J. Van Dusen Successfully Oppose Contractual Indemnity/Defense Summary Judgment Motion Against Tenant and Obtain Summary Judgment Dismissing Landlord’s Claims
A plaintiff sued a Village and a School District/Landlord for alleged personal injuries related to a trip and fall on a curb in front of the Landlord’s building and sidewalk, as well as abutting the Village’s roadway. The Landlord rented its building to a day care facility tenant. Plaintiff did not sue the day care facility as she was an employee. The Landlord filed a third-party action against the tenant for defense and indemnity under the lease agreement. The lease did not mention the curb and by Village Code, the curb was the sole responsibility of the Village. The Village moved for summary judgment on lack of written notice. The Court granted the Village’s motion for lack of written notice. The Landlord moved for summary judgment against the Plaintiff based on the curb technicality and against the tenant to obtain an order of indemnity and/or defense costs. Clausen Miller moved for summary judgment to dismiss the Landlord’s claims, as the curb was not part of the lease and did not trigger the indemnity provision. The Court granted the Landlord’s motion only as to dismissing it from the case as it did not own or have the right to repair the Village’s curb, but did not issue summary judgment against the tenant for defense costs. The Court granted the tenant’s motion in its entirety due to the curb not being part of the lease to trigger the defense obligations as it was not part of the tenant’s use of the premises or sidewalk. Due to the three orders, the Court dismissed the entire case.
Carl M. Perri
Matthew J. Van Dusen