Defendant's Attorney: Not Available

Description:

New Orleans, Louisiana personal injury lawyers represented the Plaintiff.

This case arises from a personal injury lawsuit filed by Plaintiff, Juwon Chambers, who alleges injuries sustained from a fall at a Wendy's restaurant owned and operated by Defendant, Haza Foods of Louisiana, LLC. At the time of the incident, Plaintiff, a subcontractor, was on the premise installing monitors, cables and providing other technical support pursuant to a Work Order executed between himself and DataMax Service. Defendant requested the installation and technical services though DataMax.

In response to Plaintiff filing suit, Defendant filed a counterclaim against Plaintiff for indemnification and breach of contract based on the Work Order, which states:

“To the fullest extent permitted by law, Contractor shall indemnify Company or Company's customers from all damages, losses, or expenses, including attorney's fees, from any claims or damages for bodily injury, sickness, disease, or death, or from claims for damages to tangible property, other than the Work itself. This indemnification shall extend to claims resulting from performance of this Work Order and shall apply only to the extent that the claim or loss is caused in whole or in part by any negligent act or omission of Contractor or any of its agents, employees, or subcontractors. This indemnity shall be effective regardless of whether the claim or loss is caused in some part by a party to be indemnified. Contractor agrees to hold Company or Company's customers harmless in the event of damages or injuries due to any negligence on their part.”

The parties do not dispute that “Contractor” means Plaintiff and “Company” means DataMax. (Rec. Doc. 30, at 2). Presently, the parties dispute whether “Company's customers” includes Defendant Haza Foods of Louisiana, LLC.

Plaintiff filed this instant motion to dismiss Defendant's counterclaim arguing (1) Defendant is not a third-party beneficiary and (2) the Work Order's indemnification provision only applies to claims of the Contractor or Plaintiff's negligence, not Defendant's negligence.

In response, Defendant contend (1) the contract shows clear intent that the parties intended Defendant to be a third-party beneficiary of the Work Order (Rec. Doc. 30, at 3-4), and (2) that Defendant seeks indemnity in light of Plaintiff's negligence for failing to wear appropriate footwear, failing to report potentially hazardous conditions, failing to keep his workplace reasonably safe, and failing to observe open and obvious conditions (Rec. Doc. 30, at 5).

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Chambers v. Haza Foods of La., Civil Action 23-1641 (E.D. La. Oct 24, 2024)

Outcome: Motion denied.

Plaintiff's Experts:

Defendant's Experts:

Comments: