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Monday, July 29, 2013

Ind. Decisions - 7th Circuit decides one Indiana case today

In SAMUEL LARGE v. MOBILE TOOL INTERNATIONAL, INC. (ND Ind., Lee), a 13-page opinion, District Judge Stadmueller (Eastern District of Wisconsin, sitting by designation) writes:

On June 19, 2000, Samuel Large was injured while operating a bucket truck, which his employer, Davis H. Elliot Company (Elliot) had leased from TECO, Inc. (TECO), the manufacturer of the truck. Mr. Large thereafter sued TECO; TECO’s successor-in-interest, appellee Mobile Tool, Inc. (Mobile); and several other related parties. Mobile then filed a third-party complaint against Elliot, seeking defense and indemnification against Mr. Large’s complaint, pursuant to the lease contract between Elliot and TECO, which Mobile had assumed by purchasing TECO and its assets. Eventually, after the district court denied Mobile’s first request for summary judgment on the defense and indemnification issue, Mobile settled with Mr. Large without Elliot’s participation. That settlement left Mobile’s third-party complaint against Elliot as the only outstanding issue. However, after a change in controlling law, Mobile filed a second request for summary judgment, which the district court granted, holding Elliot responsible to defend and indemnify Mobile against Mr. Large’s claims. Elliot timely appealed the district court’s summary judgment ruling. * * *

For these reasons, we conclude that the district court was correct in determining that Elliot was required to defend and indemnify Mobile against Mr. Large’s claims, and accordingly we AFFIRM that decision.

Posted by Marcia Oddi on July 29, 2013 04:02 PM
Posted to Ind. (7th Cir.) Decisions