In Memorium – Donald J. P. Sweeney – 1938-2021Please Click Here
24Sep 2024

On August 9th and 16th, 2024, Elizabeth A. Dalberth obtained summary judgment with prejudice on two separate motions for summary judgment in a case where two co-defendant companies posited throughout the litigation that they were in a parent/subsidiary relationship and thus were both subject to an indemnification provision that included “affiliates” in a contract that only one of the companies had executed and entered into with the plaintiff’s employer and our client.  The Court held that there was no evidence showing that both companies were parties to the contract, and there was no evidence showing a subsidiary or affiliate relationship.  The Court opined that even if there was, a parent and subsidiary company are seen as separate legal entities.  The Court also held that the indemnification provision was unenforceable for lack of specificity involving the waiver of protections and immunities afforded under the Workers’ Compensation Act and the failure to include any language speaking to the the employer’s own employees.