5/8/2008
Wheaton v. East End Commons et. al.
In Wheaton v. East End Commons et al., plaintiff was injured after slipping on ice in the co-defendant East End Commons’ parking lot. Our client, Kings Park Contracting, was hired to perform snow and ice removal at the premises. After a settlement in the amount of $950,000 was reached with the plaintiff, a trial was held as to East End Commons’ claim for common-law indemnification against Kings Park Contracting. East End Commons sought to re-coup the $950,000 they paid the plaintiff in the settlement from our client. At the trial, Peter Lo Palo successfully argued that the written/oral agreement between Kings Park Contracting and East End Commons did not require Kings Park Contracting to return to the parking lot after it had plowed to check for snow melt. The jury returned a verdict in favor of our clients.