Representative Matter

Third-party complaint for negligence, negligence per se, breach of contract, and indemnity

Our client was sued in a third-party complaint for negligence, negligence per se, breach of contract, and indemnity or contribution by the defendant in a personal injury case. McGuireWoods successfully filed and argued a Plea in Bar and Demurrer to the defendant’s negligence, negligence per se, and indemnity and contribution counts. The court held that the express contract between the parties precluded the equitable cause of action for indemnity or contribution. The court further held that the defendant’s negligence counts sounded in contract, not tort. As a result, those counts against our client were dismissed with prejudice by the court.