TT&H Attorney Jillian Denicola wins dismissal of Joinder Complaint.

On July 9, 2019, U.S. District Judge Richard Caputo granted Attorney Jillian Denicola’s motion to dismiss a third party complaint.  The pleading sought contribution and indemnity and was filed against a local attorney and building owner who rented space to another attorney, the Plaintiff in the case.  The rental agreement included a shared conference room.  While the Plaintiff was using the shared conference room, a chair collapsed and resulted in an alleged L5-S1 herniation, which ultimately required surgery.  Plaintiff also alleged a peroneal nerve injury, chronic pain and foot drop syndrome.  Plaintiff sued the retailer who allegedly manufactured and sold the office chair.  Counsel for the retailer then joined Jillian’s client for contribution and indemnity.  Jillian was able to have the complaint dismissed, arguing that the third party complaint failed to adequately allege sufficient facts supporting either the claim for contribution or indemnification.  Judge Caputo agreed, finding that the joining Defendant did not sufficiently allege that the Third Party Defendant was a tortfeasor to begin with, let alone a joint one, thereby precluding liability for contribution.  Judge Caputo further found that joining Defendant failed to state a claim for indemnification, as there were no facts which plausibly indicated that the joining Defendant had a relationship with the third party Defendant which would legally compel it to pay for the joining Defendant’s tortious acts.

Questions about this case can be directed to Jillian Denicola, at (570) 820-0240 ext. 8608 or jdenicola@tthlaw.com.