By David S. Aronowitz, Kieran F. Frail, and Kevin Murphy.
Pillinger Miller Tarallo, LLP obtained a decisive victory in Supreme Court, Erie County, securing summary judgment, contractual indemnification, and an award of attorneys’ fees on behalf of Budget Truck Rental LLC in an action in which the plaintiff alleged he was injured after falling from a ramp extending from a rented Budget truck to a loading dock. The motion was drafted in the New York office by David S. Aronowitz and Kieran F. Frail and successfully argued by Kevin Murphy from our Buffalo office.
In Joseph M. Roedel v. Budget Truck Rental LLC, et al. (Supreme Court, Erie County, Index No. 810969/2023 – PMT: Commercial Litigation, General Liability, and Complex Multi-Party Litigation), the plaintiff alleged he was injured after falling from a ramp extending from a rented Budget truck to a loading dock. The accident resulted in a serious shoulder injury requiring a right reverse total shoulder arthroplasty. Plaintiff claimed the ramp was defective and was the cause of his fall.
The truck had been rented by Burak Holdings LLC,. The rental agreement provided that Burak would provide the primary coverage during the rental period and would hold Budget Truck harmless for all damages occurring during the rental period. PMT successfully argued that the rental agreement and accompanying certificate of insurance—naming Budget as an additional insured—unambiguously demonstrated the parties’ intent that Burak would defend and indemnify Budget for all liability, including claims arising from the plaintiff’s lawsuit, regardless of fault.
Burak contended that any alleged preexisting or latent defect in the truck fell outside the scope of the indemnity obligation. The Court rejected that argument, finding it “manifestly clear” from the four corners of the rental agreement and the COI that Burak was required to indemnify Budget for all liability associated with its use of the truck, including injuries allegedly caused by preexisting damage. The Court emphasized that the agreement expressly placed inspection responsibility on Burak and disclaimed any warranties by Budget.
The Court granted Budget’s motion in its entirety, awarding contractual indemnification and holding that Budget is also entitled to recover its attorneys’ fees and litigation costs, with a subsequent conference to determine the amount.
This decision underscores PMT’s strength in contractual risk transfer and indemnification litigation, and its ability to eliminate significant exposure for clients through precise contract analysis and strategic motion practice.
Should you have any questions, please call our office at (914) 703-6300 or contact:
Marc H. Pillinger, Executive Partner
mpillinger@pmtlawfirm.com
Jeffrey T. Miller, Executive Partner
jmiller@pmtlawfirm.com
Jeffrey D. Schulman, Executive Partner
jschulman@pmtlawfirm.com
Richard J. Freire, Executive Partner
rfreire@pmtlawfirm.com