Legal Opinion
Kempski v. Toll Bros., Inc.
District Court, D. Delaware
Decided October 21, 2008No. Civil Action 06-252-MPTPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
THYNGE, United States Magistrate Judge.
Introduction
This matter arises out of a third-party complaint filed by Toll Brothers, Inc. (“TBI”) against Delaware Heating and Air Conditioning Services, Inc. (“DHAC”) seeking indemnification under the theories of: (1) negligence; (2) premise liability; (3) breach of contract; and (4) declaratory judgment. Both parties have moved for summary judgment.
Facts and Procedural Posture
TBI is a home builder. In 2004, TBI began construction of Brandywine Hunt Development (“Brandywine Hunt”), a single home community in Wilmington, Delaware. TBI…
2Cases cited7 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- John K. Rains v. Cascade Industries, IncCourt of Appeals for the Third Circuit · 1968
- J.S. Alberici Construction Co. v. Mid-West Conveyor Co.Supreme Court of Delaware · 2000
- Krupa v. New Castle CountyDistrict Court, D. Delaware · 1990
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3Cited by1 opinion
- Precision Trenchless, LLC v. Saertex multiCom LPDistrict Court, D. Connecticut · 2021