Lavelle v. Dominick's Finer Foods, Inc.

PRESIDING JUSTICE JIGANTI

delivered the opinion of the court:

Dominick’s Finer Foods, Inc., appeals from an order granting K & S Sprinklers, Inc.’s motion to dismiss two counts of the third-party complaint. The complaint sought contractual indemnity from K & S and damages for K & S’s failure to obtain insurance coverage.

Dominick’s and K & S entered into a written contract for the installation of a fire protection sprinkler system in a Dominick’s store located in Chicago. After K & S completed its work, Dominick’s made final payments. The plaintiff, Thomas Lavelle, an employee of K & S, was…