A Capehart Scatchard Blog

Tag: Indemnification

Third-Party Complaint Against Municipality Barred Due To Defendant’s Failure To Timely File A Notice Of Tort Claim

By on February 12, 2021 in Negligence with 0 Comments

Plaintiff Eartha Butler claims that, on March 18, 2018, she suffered injuries after tripping and falling on a sidewalk adjacent to the defendant Badr’s Jersey City private school (“Badr”).  Badr was unaware of plaintiff’s claim until seven months after the accident.  At that time, it served a notice of tort claim upon Jersey City.  The […]

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Snow Removal Contractor Found Not To Have Violated Contract For Failure To Add Owner Of Property To Its Liability Policy

By on May 15, 2020 in Court Rulings with 0 Comments

The plaintiff, Donna Michel was walking across the parking lot of the Wayne Towne Center when she was struck by a car operated by Sharon Langel.  At the time of the accident, piles of snow on medians at the end of the rows of the parking spaces in the parking lot allegedly impeded Langel’s visibility […]

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Based Upon Indemnification Agreement Between Defendant Contractor and Employer, Jury Should Have Been Allowed to Allocate Negligence Against Employer

By on November 13, 2015 in Blog with 0 Comments

The exclusive remedy provision of the Workers Compensation Act, N.J.S.A. 34:15-8, bars the employee from suing his or her employee for a workplace bodily injury based upon negligence. However, this provision does not preclude an employer from agreeing to contractually indemnify a third party for its negligence. Under those circumstances, an employer could be liable […]

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