Defendant hired a general contractor to install curb bumpers in the parking lot of its store. The contractor then hired a subcontractor to perform the work.
Plaintiff tripped and fell over a curb bumper installed by a subcontractor and sued defendant, alleging that the curb bumper was defective. Defendant filed a third-party complaint against subcontractor, alleging claims for indemnification and breach of contract.
The trial court ruled for the subcontractor, holding that the plain language of the contract required the subcontractor to name the defendant as an additional insured on its liability insurance policy, but it did not owe the defendant a duty to defend or indemnify. The court also held that because the subcontractor was not in exclusive control of the premises, it could not be held liable under claim for common law indemnification.
Jackson v. Costco Wholesale Corp., CV15-6008167 (12/19/2017)