The third party brought a motion for summary judgment seeking dismissal of a third party claim for contribution and indemnity arising from a slip-and-fall action involving a floor mat at a retail store entrance.
The defendants alleged that the third party supplier was responsible for a defective or unsafe mat that caused the plaintiff’s fall.
The court held that an indemnity clause in the supply agreement required the defendants to defend and indemnify the supplier against claims arising from defective products associated with the agreement.
The court further found there was no evidentiary foundation demonstrating the mat was defective or unsafe when supplied.
Applying the summary judgment framework and the full appreciation test, the court concluded the third party claim had no chance of success.
