Cardelli Lanfear Prevails On Appeal–Error Reversed

Appellate|Cardelli Lanfear News|Complex Commercial Litigation

The firm is pleased to report that the Michigan Court of Appeals has reversed a trial court order granting summary disposition against a crossclaim for indemnification filed by one of its clients.  In Jackson v. Spartan Barricading, the plaintiff sued a firm client, alleging negligence in the supplying of a road construction sign to her employer.  The firm client, in turn, sought indemnification from the plaintiff’s employer on the basis of a lease agreement signed by one of its employees (the latest in a series of numerous employees to sign such an agreement).  The trial court declined to enforce the signed lease agreement and granted summary disposition.  On appeal, the Michigan Court of Appeals recognized, properly, that the signed lease agreement was–at the very least–a question of fact as to whether indemnification was owed.  The Court further noted that the failure to objected to its employees signing the lease agreements was also evidence of “ratification” of the lease agreement.  Accordingly, the Court of Appeals reversed and remanded for further proceedings on the issue.  See opinion: Jackson v. Spartan Barricading & Traffic Control_ Inc.  For more information on this case, please feel free to contact Anthony F. Caffrey III or Carl Lanfear.