HM&B Secures Summary Judgment in Favor of Construction Client

Plaintiff, James Dempsey sued Community Asphalt Corporation (“CAC”) and ACME Barricades LC alleging he fell off his motorcycle and suffered personal injuries because of uneven road condition of which the defendants failed to warn him. CAC in turn sued ACME for breach of contract alleging ACME failed to install warning signs and was obligated to indemnify CAC for Mr. Dempsey’s injuries. ACME filed a motion for summary judgment arguing that the CAC/ACME contract limited ACME’s obligations only for ACME’s negligence. ACME argued that CAC could not establish that ACME had any responsibility to install the warning signs and thus CAC had no proof that ACME was negligent. ACME asserted that without such evidence ACME had no obligation to indemnify CAC. The court agreed and dismissed CAC’s claims against ACME. Kira Tsiring argued the motion on behalf of ACME.