Kevin Walsh v. Lend Lease (US) Construction, a/k/a Bovis Lend Lease, Inc. v. Rossi Electric Company, Inc.

Citations

• 155 A.3d 1201
• 2017 WL 1104025
• 2017 R.I. LEXIS 35

Syllabus

The appellant, Lend Lease (US) Construction (Lend Lease), appealed from the January 13, 2016 grant of summary judgment to the third-party defendant, Rossi Electric Company, Inc. (Rossi), in Newport County Superior Court. It further appealed from the denial of its cross-motion for summary judgment. Lend Lease contended that the hearing justice erred in granting Rossi's motion for summary judgment and in denying Lend Lease's motion for summary judgment due to the fact that Rossi was required to defend and indemnify Lend Lease under the terms of the contract between the parties. The Supreme Court held that the plain and unambiguous language of the contract at issue did not require Rossi to indemnify and defend Lend Lease if Lend Lease was the sole negligent party. The Court further held that, because the issue of which parties in the case were negligent was an issue of fact, it was error for the Superior Court to have granted Rossi's motion for summary judgment. Accordingly, the Supreme Court vacated the Superior Court's judgment and remanded the case to that tribunal for further proceedings in accordance with the Supreme Court's opinion.