Recovery of $785,000 in Contractual Indemnity Claim after Successful Appeal to Appellate Division Second Department
Case Study

Recovery of $785,000 in Contractual Indemnity Claim after Successful Appeal to Appellate Division Second Department

September 1, 2010

Brian W. McElhenny represented defendant at trial of an action where plaintiff was seriously injured when his tractor trailer flipped over at a landfill.  The jury held plaintiff 60 percent at fault and the Town 40 percent.   On appeal Brian McElhenny  argued that the Town was entitled to complete contractual indemnity from a trucking company even though the trucking company was not negligent.  The Appellate Division Second Department agreed and reversed allowing the Town to recover $785,000 back from a $900,000 settlement.  See Cortes v. Town 910 N.Y.S. 2d 171.