United States First Circuit

Judgment and award for plaintiffs in a dispute between contractors for damages arising out of a collision at a construction project is affirmed where the damages claim against defendant was not barred by a waiver-of-subrogation provision embedded in the contractual scheme governing the project.

Appellate Information

• Decided 12/19/2005
• Published 12/19/2005

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA and DYK, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David J. Perkins with whom Perkins Olson, P.A. was on brief for plaintiffs.


• For Appellees:
  
• Leonard W. Langer with whom Marshall J. Tinkle and Tompkins, Clough, Hirshon & Langer, P.A. were on brief for defendant.