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Complete Indemnification Obtained in Product Liability Claim

In April 2004, Scott W. Bermack obtained common-law indemnification in favor of a national distributor of used kitchen equipment being sued by a young worker who severed four fingers while cleaning an industrial sausage maker that our client sold to his employer. Although the manufacturer and employer had previously settled with the plaintiff for $1,000,000, evidently believing they had bought their peace, we successfully moved for summary judgment against the manufacturer, arguing that they were required by law to indemnify our client for any defects in the machine. We also argued that there was no evidence that our client was negligent and therefore, those claims should be dismissed. To the chagrin of the unwary manufacturer, Justice DeGrasse of NY Supreme Court, New York County, agreed on both counts.

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