Appellate Court Reverses Summary Judgment Ruling Against Plaid Paisley Enterprises in Contribution, Breach of Contract Case

In a third-party action by a touring production company against a concert promoter, the First District Appellate Court overturned a trial court’s decision to grant summary judgment dismissing the production company’s contribution claim and breach of contract lawsuit.  Johnson & Bell Shareholder, Garrett L. Boehm, Jr., represented the production company, Plaid Paisley Enterprises, before the Appellate Court.  In the underlying personal injury claim, the Appellate Court questioned whether the promoter, Live Nation, breached its duty of care to provide a reasonably safe workplace for the stagehand, its admitted employee, who was injured while moving a large, heavy cart during pre-event set up for a Brad Paisley concert.  While the injured worker was employed by the promoter, Live Nation argued that it had not controlled his work at the time of his injury. Similarly, the Appellate Court ruled that summary judgment should not have been granted with respect to Plaid Paisley’s breach of contract claim arising from Live Nation’s failure to defend and indemnify the personal injury lawsuit.   The Appellate Court found inconsistencies and a clear conflict between Plaid Paisley and Live Nation’s 2009 agreement and a 2010 rider to that agreement as to the scope of the promoter’s indemnity obligation.  At the trial court, Johnson & Bell was retained to represent Plaid Paisley on the eve of trial.  Johnson & Bell Attorney, Nicholas R. Lykins,  handled the trial court proceedings.