Court Validates Condo Owner's Third-Party Indemnity Complaint Arising from Mold Injury

STAMFORD, Conn. - A defendant that was dismissed from a complaint alleging injury from exposure to mold, then brought back into the case by a co-defendant as part of a third-party indemnity claim, cannot argue that the third-party suit is barred by the doctrine of collateral estoppel, a state trial court has ruled. Reilly v. Colella, et al., No. CV000181014 (Conn. Super. Ct., Stamford-Norwalk).

In a Jan. 5 decision, Connecticut's Stamford-Norwalk Superior Court ruled that even though the plaintiff's mold-related claims against the defendant were dismissed prior to the filing of the third-party complaint, they are not binding on the …