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Ruesga v. Aggreko


Acker & Whipple attorneys collaborated to write the successful Appellant’s brief in a construction work place accident case appeal pending in the California Court of Appeal, 2d District. The case, which was originally filed in Los Angeles Superior Court, involved the claim of a construction foreman who sustained an electrical injury while working at a construction job site. He sued the client, which leased a portable electrical generator for use on the job, claiming that the generator malfunctioned and caused the injury. The client then cross complained against the project owner for express indemnity under the equipment lease agreement. The cross-defendant obtained summary judgment, arguing that it was not the party responsible on the lease and that the general contractor was the responsible party. The Court of Appeals reversed the Summary Judgment holding that material disputed issues of fact existed about whether the project owner should be held responsible for plaintiff’s injury, thus requiring a jury trial.


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