In Lafleur v. MLB Industries Inc. , Roderick Lafleur -- an employee of Alltek Energy Systems (Alltek) -- was injured while renovating a large exhaust hood in a grocery store.
Hannaford Bros., Inc. contracted with MLB Industries Inc. (MLB) to do the work, which then subcontracted the project out to Alltek.
While an indemnification agreement between MLB and Alltek existed when an exhaust hood was originally installed, that agreement wasn't renewed until after Lafleur was injured installing the second hood.
Since New York's Workers Compensation Law requires indemnity agreements be in place before an accident occurs, the Rensselaer County Supreme Court granted Alltek's request to dismiss the case.
On appeal, the Appellate Division, Third Department, affirmed. Unless the parties specifically provide to the contrary, indemnification contracts aren't retroactive.
Don't know about you, but we're exhausted.
To download a copy of the Appellate Division's decision, please use this link: Lafleur v. MLB Industries Inc.