In this case, Plaintiff tripped and fell while walking over a metal plate on a sidewalk that was placed down by our client several months prior to the accident date. During depositions and discovery, it was established that the actual cause of plaintiff’s fall was plastic straps on the sidewalk plate that had allegedly come from the construction site. In our motion we argued that the plastic straps were not utilized by our client, and that our client had no obligation to maintain the sidewalk after placing down the metal plate. There were also contractual indemnification claims against our client. Based on these same arguments, we set forth that the indemnification provision was not triggered in that the cause of the accident did not arise out of our client’s work under the contract. The Court agreed with all our argument points and granted summary judgment in favor of our client.
