New York, NY
Associate Lora H. Gleicher was awarded summary judgment in a Kings County, NY motor vehicle collision case. In the case of Delvalle v. Mercedes Benz, et al., the plaintiff, an employee of our client, King Freeze, allegedly sustained injuries when he was involved in a four-car, chain reaction motor vehicle accident. Our client was dragged into the case by the joinder defendant Mercedes Benz that argued that it was entitled to contribution and indemnification.
Prior to the close of discovery, we moved for summary judgment dismissing all claims against our client on the basis that, because Delvalle was a King Freeze employee who was acting within the scope of his employment when the accident occurred, NY’s Workers’ Compensation law barred claims for contrubution and common law indemnity unless a “grave injury” was involved (which was not the case here).
The trial court agreed with our analysis and dismissed Mercedes Benz’s claims.