Supreme Court of Delaware

The trial court erred by not interpreting a contractual indemnity provision to require the owners and managers of the building, found 65% liable for injuries sustained by a woman on its elevator, to pay 100% of the fees and costs incurred by the elevator service company to enforce that provision.

Appellate Information

• Decided 01/09/2004
• Published 01/09/2004

Judges

• JACOBS, Justice:, Before VEASEY, Chief Justice, HOLLAND, BERGER, STEELE, and JACOBS, Justices, constituting the Court en Banc.

Court

• Supreme Court of Delaware

Counsel

• For Appellees:
  
• Armand J. Della Porta, Jr., of Kelley Jason McGuire & Spinelli, LLP, Wilmington, DE, for the Defendants Below/Appellants., Vincent A. Bifferato, Jr., of Bifferato, Bifferato & Gentilotti, of Wilmington, DE and Keith E. Johnson (argued), of Kittredge, Donley, Elson, Fullem & Embick of Philadelphia, PA, for Defendants Below, Appellees/Cross Appellants.