News: GNH Prevailed at Trial on Caltrans’ Cross-Complaint for Indemnity

Plaintiffs sued Caltrans in Contra Costa Superior Court for a roadway accident and Caltrans sued GNH’s client, the general contractor on the project, claiming it owed Caltrans a defense and indemnity under the contract. The judge granted GNH’s motion to bifurcate trial of Caltrans’ cross-complaint. Caltrans argued that because the accident occurred within the area of the project after the project commenced, the general contractor was obligated to defend and indemnify Caltrans pursuant to the contract. On June 8, 2012, following a bifurcated trial, the Judge ruled that because the scope of work of GNH’s client did not include correcting the defect at issue in the lawsuit and since work in the area of accident had not started before the accident date, no indemnity or defense was owed and GNH’s client was entitled to judgment on the cross-complaint.