Bates v. Select Lake City Theater Operating Co.

Mr. PRESIDING JUSTICE SIMON

delivered the opinion of the court:

Plaintiff Bates, a patron of the Shubert Theater, was injured when she slipped and fell on an icy stair as she was leaving the theater. She sued the theater operator (theater), which sought to shift liability by way of a third-party complaint to the producers (producers) of the show being performed. The theater relies in its third-party action on an indemnity clause in the licensing agreement between the theater and the producers governing the presentation of the performances at the Shubert.

The licensing agreement provided most of…