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The Leasing Hotline
INDEMNIFICATION
Where a lease provides for indemnification in certain circumstances, but the lease is susceptible to conflicting interpretations, summary judgment cannot be granted because issues of fact exist. Brown v. Airport Industrial Limited Partnership, CV000596353, Superior Court of Connecticut, Judicial District of Hartford, at Hartford, Oct. 17, 2005.
The plaintiff, an employee of the tenant, sued the landlord to recover damages for injuries sustained in a slip and fall accident on the landlord's property. The plaintiff's employer, the tenant, filed an intervening complaint to recover workers' compensation payments, and the landlord filed a counterclaim seeking indemnification from the tenant/employer pursuant to a clause in a commercial lease between the landlord and the tenant. The landlord then moved for summary judgment against the tenant/plaintiff's employer based upon the indemnification provision.
The court denied the landlord's summary judgment motion. It held that the construction and interpretation of the lease between the landlord and the tenant indicated an intent to limit indemnification in certain circumstances. However, the lease was susceptible to conflicting interpretations, and therefore issues of fact existed to preclude summary judgment.
INDEMNIFICATION
Where a lease provides for indemnification in certain circumstances, but the lease is susceptible to conflicting interpretations, summary judgment cannot be granted because issues of fact exist. Brown v. Airport Industrial Limited Partnership, CV000596353, Superior Court of Connecticut, Judicial District of Hartford, at Hartford, Oct. 17, 2005.
The plaintiff, an employee of the tenant, sued the landlord to recover damages for injuries sustained in a slip and fall accident on the landlord's property. The plaintiff's employer, the tenant, filed an intervening complaint to recover workers' compensation payments, and the landlord filed a counterclaim seeking indemnification from the tenant/employer pursuant to a clause in a commercial lease between the landlord and the tenant. The landlord then moved for summary judgment against the tenant/plaintiff's employer based upon the indemnification provision.
The court denied the landlord's summary judgment motion. It held that the construction and interpretation of the lease between the landlord and the tenant indicated an intent to limit indemnification in certain circumstances. However, the lease was susceptible to conflicting interpretations, and therefore issues of fact existed to preclude summary judgment.
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