LeBlanc v. Walsh Bros.

Fremont-Smith, Thayer, J.

Third-Party plaintiff, NER Construction Management Corporation (NER) moves for partial summary judgment on its indemnity claim against third-party defendant Mecca Construction Corporation (Mecca). In its opposition to NER’s motion, Mecca argues that the indemnity clause is void under G.L.c. 149, §29C. For the following reasons, NER’s motion for partial summary judgment is ALLOWED.

On November 19, 2001, plaintiff Thomas Leblanc (plaintiff) was injured when he fell from scaffolding, owned by NER, while working at a construction site in Newton. At this time, plaintiff was…