Brief Description of Case:
This is an action in which plaintiff sought recovery for personal injuries allegedly sustained in a slip-and-fall on ice accident in the parking lot of property owner, Heatherwood House.
Court or Jury’s Decision and Reasoning:
The trial court granted the insured summary judgment and dismiss plaintiff’s complaint, determining that, as a third-party contractor, sword owed plaintiff a duty of care. In addition, the court dismissed Heatherwood House’s cross-claims for, common-law contribution, common-law indemnification, breach of contract/ability to procure insurance and contractual indemnification determining that Heatherwood “failed raise a triable issue as to whether [Elite Snow] [was] negligent in the performance of [its] snow removal duties, whether [it] had any continuing duty to inspect the premises, or whether [it] failed to obtain the required insurance coverage.”