Legal Opinion

A & B Construction, Inc. v. Atlas Roofing & Skylight Co.

District Court, D. Rhode Island

Decided October 17, 1994No. 93-0162LPublishedCited by 12 opinions

1Opinion of the Court

OPINION AND ORDER

LAGUEUX, Chief Judge.

This diversity action is before the Court on cross motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The issue raised is whether, under Rhode Island law, a subcontractor who has paid workers’ compensation benefits to its injured employee must indemnify a third-party general contractor for the settlement amount it paid to the injured worker. This Court holds, as a matter of law, that plaintiff is not entitled to indemnification under any indemnity theory and accordingly denies plaintiffs motion for summary judgment…

2Cases cited77 opinions

  1. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  2. Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
  3. Paula H. Roy v. Star Chopper Company, Inc., and Third-Party v. Ashok Hingorany and Advanced Materials Systems, Inc., Third-PartyCourt of Appeals for the First Circuit · 1978
  4. Arthur Araujo v. Woods Hole, Martha's Vineyard, Nantucket Steamship Authority v. New England Telephone Co., Third-PartyCourt of Appeals for the First Circuit · 1982
  5. Pocatello Industrial Park Co. v. Steel West, Inc.Idaho Supreme Court · 1980

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3Cited by12 opinions

  1. Marshall Contractors, Inc. v. Brown UniversitySupreme Court of Rhode Island · 1997
  2. Rhode Island Depositors Economic Protection Corp. v. HayesCourt of Appeals for the First Circuit · 1995
  3. Federal Deposit Insurance v. ScottCourt of Appeals for the Fifth Circuit · 1997
  4. Pardee v. Consumer Portfolio Services, Inc.District Court, D. Rhode Island · 2004
  5. Wyss v. General Dynamics Corp.District Court, D. Rhode Island · 1998

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