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Where (1) an injured employee sued the defendant company that performed a safety assessment of a laminating machine and (2) the defendant brought a third-party complaint against the plaintiff‘s employer for contractual indemnification and breach of contract, summary judgment for the employer is not appropriate.
[Defendant/third-party plaintiff] Omron [Scientific Technologies, Inc. and Omron STI Machine Services, Inc.] now admits that it is not claiming that the October and/or December Safeguarding Proposals constitute enforceable contracts (since they were never accepted by [third-party defendant] Madico [Inc.]), but, rather, is relying on the indemnification provision included with the Quotation. Omron further argues that discovery was conducted on the basis that the Quotation was the operative document. Madico, however, seems to argue that this clarification arose for the first time in connection with the summary judgment motions, and...