Michelle M. Davoli, Esq., Secures Summary Judgment Because Corning Hospital a Lessee Under V&T 128
Michelle M. Davoli, Esq., successfully obtained the dismissal of plaintiff's complaint through a motion for summary judgment. Michelle represented Corning Hospital, a third party defendant to an action where the plaintiff tripped while stepping off a van operated by defendant Special Response during a labor strike. The van was rented by Corning Hospital and Corning Hospital also hired Special Response to perform various security-related tasks during the labor strike, including transporting employees, such as plaintiff, who were not on strike safely between the off-site parking lot and the hospital.Judge Furfure (Steuben County) granted Corning Hospital's motion on the grounds that: 1) pursuant to V&T Law §128, Corning Hospital was a short-term lessee of the van rather than an “owner” and therefore could not be vicariously liable for the plaintiff’s accident; 2) there was no claim for common law indemnification because the unrefuted proof showed Special Response drove the van at issue and was therefore the actively negligent party if any; and 3) there could be no claim for contractual indemnification because the defense and indemnification cause in the contract between Corning Hospital and Special Response carved out an exception for Special Response’s own negligence in performing security services, and despite their claim otherwise “transportation services” was encompassed within the meaning of security services.
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