1/19/2011
Campos v. Triple Crown Moving and Storage v. Crosstex
The plaintiff, an employee of our client, Crosstex International, claimed that he slipped and fell on oil leaked from a forklift at a warehouse. The plaintiff sued the owner of the warehouse and the tenant. The tenant, Triple Crown Moving and Storage commenced a third party action against our client alleging common law and contractual indemnity pursuant to a sublease. As a result of the accident plaintiff injured his knee requiring surgery and reinjured his neck which had previously been operated on to perform cervical fusion.

At the close of discovery, Eric Cooper successfully argued that plaintiff’s injuries were not grave as defined by the Worker’s Compensation law Section 11 and that the sublease did not contain an explicit indemnification clause so the third party action was not valid. The Court agreed with Mr. Cooper and the third party action was dismissed.