Simon v. CORBETTA CONSTRUCTION CO., INC.

OPINION

BONSAL, District Judge.

Plaintiff, an employee of Herman H. Schwartz, Inc. (“Schwartz"), sued Corbetta Construction Co., Inc. (“Corbetta”) for damages arising from personal injuries he sustained when he fell from a scaffold erected by Corbetta, while working within the scope of his employment in performance of Schwartz’s contract with Corbetta. Corbetta instituted a third-party action against Schwartz. Plaintiff’s action against Corbetta was settled during trial, and the Court reserved for decision the third-party action to determine whether the indemnity clause in the contract between…