We recently obtained summary judgment for a major retailer that had been sued after its deliveryman allegedly injured a customer’s neighbor while wheeling a washing machine toward the customer’s home. The retailer had used the services of an intermediary to arrange the actual delivery by one of its subcontractors. The neighbor sued the retailer and the subcontractor for her alleged injuries in New York state court. The intermediary was not named as a defendant. We appeared for the retailer and removed the case to federal court.

The agreement between the intermediary and the subcontractor required the subcontractor to indemnify both the intermediary and its customer, the retailer. That agreement, together with the parties’ conduct of business, showed that the retailer, the intermediary, and the subcontractor acted independently of one another. No party exercised operational control over any other party.

We moved for summary judgment based on the Independent Contractor Doctrine. We submitted deposition and affidavit testimony, and documentary evidence establishing that neither the retailer nor the intermediary exercised control over the means and methods used by the subcontractor or its employees; neither was negligent in selecting the subcontractor; and neither was personally culpable in any way. The District Court agreed and granted summary judgment, dismissing the plaintiff’s complaint with prejudice as against our client.

While the motion was pending, we pressed the subcontractor and its insurer for contractual indemnification. The insurer conceded, agreeing to reimburse the fees previously paid to our firm. It also agreed to assume our client’s defense, which promptly became unnecessary after the dismissal.

Plaintiff’s case proceeded against the subcontractor. Just before press time, those parties reached a mediated settlement. With that settlement, the protracted case came to an end. For our client, the dismissal, along with reimbursement of defense fees, was a complete win.