In a lawsuit filed by a cyclist who was injured at a worksite, a New York County Supreme Court jury found Con Edison 35% at fault (and liable for $231,000 of the verdict), while Roadway Contracting was 25% at fault (and responsible for $165,000).
When Con Edison asked that Roadway be ordered to pay the entire amount, the trial judge agreed. But, on appeal, the Appellate Division, First Department, reversed.
Since Con Edison's indemnification agreement limited Roadway's exposure to the first year after the work's completion, the AD1 concluded that Roadway wasn't obligated to pay the utility's share of the verdict. (Roadway's work was completed on January 26, 2001, and the accident didn't occur until May 26, 2002.)
Bet Con Ed got a charge out of that.
To view a copy of the Appellate Division's decision, please use this link: LaMorte v. City of New York