Leitao v. Damon G. Douglas Co., 301 N.J.Super. 187, 693 A.2d 1209 (App. Div. 1997)
Practice Areas: General Liability
Electrical subcontractor’s employee sued general contractor and masonry subcontractor for injuries sustained in trip and fall on mesh wire that had been installed by masonry subcontractor. After jury found contractor 51% negligent and employee 49% negligent, and molded the damage award accordingly, the Superior Court, Law Division, Hudson County, granted general contractor’s claim against electrical subcontractor for contractual indemnity. Electrical subcontractor appealed. The Superior Court, Appellate Division, Baime, J.A.D., held that: (1) employee’s claim arose out of or resulted from performance of subcontractor’s work, for purposes of indemnity clause, and (2) “sole negligence” prohibition did not bar general contractor’s indemnification claim for injuries sustained by employee, who was found to have been contributorily negligent.