Employer Prevails in Landlord's Cross-Claim for Indemnity for Mold Claims



DOCUMENTS
  • Cross-Claim
  • Order


DETROIT - A federal judge has granted a commercial tenant's motion for summary judgment on an indemnity counterclaim brought by the firm's landlord, which is defending a mold exposure claim brought by the tenant's former employee. Osterhage v. First Industrial Realty Trust, et al., No. 10-14718 (E.D. Mich.).

Senior Judge Arthur J. Tarnow of the U.S. District Court for the Eastern District of Michigan granted Bosch Rexroth Corp.'s motion March 29, saying that contrary to the landlord's allegation that the firm contributed to "losses," the company acted reasonably to protect its employees.

The lawsuit was initiated by former Rexroth employee …






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