Search for: "Espinal v. Melville Contrs." Results 1 - 3 of 3
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24 Aug 2016, 1:29 pm by ADeStefano
Plaintiff brought an action against defendant and the trial court granted defendant’s motion for summary judgment.On appeal, plaintiff claimed that defendant fell within one of the three Espinal exceptions, which may give rise to tort liability under contractual obligations of third parties: “(1) where the contracting party, in failing to exercise reasonable care in the performance of his [or her] duties, launches a force or instrument of harm, (2) where the plaintiff… [read post]
24 Aug 2016, 1:29 pm by ADeStefano
Plaintiff brought an action against defendant and the trial court granted defendant’s motion for summary judgment.On appeal, plaintiff claimed that defendant fell within one of the three Espinal exceptions, which may give rise to tort liability under contractual obligations of third parties: “(1) where the contracting party, in failing to exercise reasonable care in the performance of his [or her] duties, launches a force or instrument of harm, (2) where the plaintiff… [read post]