Alison Harrington and Megan Gieseler recently prevailed at a hearing on a Motion for Summary Judgment against the co-defendant's Counterclaim for Contribution.
04/21/2012Alison Harrington and Megan Gieseler recently prevailed at a hearing on a Motion for Summary Judgment against the co-defendant's Counterclaim for Contribution.
Previously, Ms. Harrington successfully argued a Motion for Summary Judgment against the Plaintiff, wherein the Court granted BVH's Motion holding that the insured owed no duty to the Plaintiff at the time of incident. At said hearing, the co-defendant refused to voluntarily dismiss his Counterclaim for Contribution against the insured despite the fact that underlying Motion for Summary Judgment against the Plaintiff's Complaint was granted. As such, Ms. Harrington and Ms. Gieseler prepared a Motion for Summary Judgment against the co-defendant's Counterclaim for Contribution arguing that the insured cannot be held liable in contribution to the co-defendant, as the Court previously held that the insured owed no duty to the Plaintiff. In January of 2012, the trial Court agreed with BVH's position and granted the Motion for Summary Judgment against the co-defendant. This case involved over $17,000,000.00 in claimed damages with significant exposure for all of the Defendants named in the law suit. Ms. Harrington was able to successfully prevail on behalf of the insured on the aforementioned Motions prior to the completion of oral discovery and without incurring significant costs associated with that protracted discovery process involved in this case.