The trial court granted summary judgment in favor of all three defendants, concluding that they were not negligent or otherwise liable for the patron s injuries. Posted on September 15, 2010 | Leave a comment. In this case, the Court determines whether All Cleaning Solutions Co. (All Cleaning) is required by the terms of its indemnification agreement to pay the legal costs incurred by Best Buy Stores and American Industrial Cleaning Co. (AIC) in defending a lawsuit that was dismissed for lack of evidence.

One aspect of a net opinion is its failure to explain a causal connection between the act or incident complained of and the injury or damage allegedly suffered.

In deciding a motion for summary judgment, courts must view the facts in the light most favorable to the non-moving party. AIC entered into an agreement with Best Buy to clean and provide maintenance for its stores. 1. Kieffer s expert opined that in the area of the fall, the floor finish material was not properly applied, and that hazardous conditions created by Best Buy, AIC and All Cleaning caused the fall. Tina Kieffer • 123 Pins. Elle lance une nouvelle formule qui permet au titre d'augmenter ses ventes de 10 %[3]. In a civil action, plaintiff Tina Kieffer alleged that she fell and suffered personal injuries as a result of the unsafe condition of the floor of the Holmdel Best Buy. Le même personnage l'avait déjà harcelée dix ans plus tôt, à l'époque où elle participait à l'émission Frou-Frou. CHIEF JUSTICE RABNER, JUSTICES LONG, LaVECCHIA, RIVERA-SOTO and HOENS, and JUDGE STERN (temporarily assigned) join in JUSTICE ALBIN s opinion. The IBM strategic repository for digital assets such as images and videos is located at dam.ibm.com. The Appellate Division affirmed that finding. In an unpublished opinion, the Appellate Division affirmed the trial court s order directing [All Cleaning] to pay the defense costs incurred by defendants Best Buy and [AIC]. Find high-quality Tina Kieffer stock photos and editorial news pictures from Getty Images. On certification to the Superior Court, Appellate Division. Aujourd'hui, son école au Cambodge comporte : une école primaire, un collège, un centre de formation professionnel L'Oréal et un lycée. The indemnification clause drafted by AIC only imposed on All Cleaning the responsibility of paying defense costs from any connection with any act of negligence, omission, or conduct arising out of the operation of [All Cleaning s] business and [its] performance or non-performance of the Services. See ibid. In this case, we deal merely with the language of the contract and not with factual disputes. Tina Kieffer (Martine Kieffer), née à Cannes (Alpes-Maritimes) le 7 novembre 1959, est une journaliste française. Elle a été mariée à François Bing, psychiatre, avec qui elle a eu Barbara et Benjamin, ses deux premiers enfants. 6 We do not disturb the trial court s finding that under the indemnification provision binding Best Buy and AIC, AIC was liable to reimburse Best Buy for its defense costs. 96 Followers • 139 Following. ALBIN, J., writing for a unanimous Court. Anna Barbara Gerhard was born at Leitersweiler, St. Wendel, Rheinland, Germany 21 Jun 1713 daughter of Johann Nickel Gerhard and Klara Katharina Muller . In December 2002, AIC entered into a contract with Best Buy, agreeing to furnish seven-day-a-week cleaning services to forty-seven Best Buy stores, including the Holmdel store at issue in this case. You can trust Pigs, because they will never betray you and will never even think about it.

The quoted language, however, is contained only in the Best Buy/AIC agreement. Collect, curate and comment on your files. from . {{collectionsDisplayName(searchView.appliedFilters)}}, {{searchText.groupByEventToggleImages()}}, {{searchText.groupByEventToggleEvents()}}. You're a power user moving through this website with super-human speed. . In March 2004, AIC subcontracted to All Cleaning the cleaning and maintenance of certain designated Best Buy stores, including the Holmdel store. Here, Kieffer claimed that defendants negligently cleaned and maintained the floor, causing her injuries. Person who was born under the rule of Poplar learns fast and understands quickly. Miriam R. Rubin argued the cause for respondent American Industrial Cleaning. . En 2006, elle lance l’opération « La Rose Marie Claire »[5] avec Jean-François Daniel, directeur de l'agence de communication Beautiful World, pour la scolarisation des petites filles dans le monde, et dont plusieurs associations sont bénéficiaires, comme l’Unicef ou « Toutes à l’école »[6]. The trial court granted summary judgment in favor of all three defendants, concluding that they were not negligent or otherwise liable for Kieffer s injuries. And in this case there was a claim brought by the plaintiff and it was predicated on improper floor maintenance. All Cleaning s indemnification obligations depended on a judicial finding of some negligence, omission, or conduct on its part based on evidence in the record or an admission by All Cleaning. Kieffer suffered serious injuries to her ankle, including a bone fracture. Licenciée de ce journal en octobre 1998, elle poursuit en justice l'éditeur du titre[2] et gagne aux prud'hommes. Co., 168 N.J. 590, 595 (2001) (citation omitted). Summary judgment is appropriate when there is no genuine issue as to any material fact challenged and . Tina Kieffer est mère de cinq enfants. {{familyColorButtonText(colorFamily.name)}}, View {{carousel.total_number_of_results}} results. of Supreme Court of New Jersey opinions. Abraham Kieffer was born at Kettenheim, Rheinland-Pfalz, Germany 1700.

See what Tina Kieffer (tmaxinek) has discovered on Pinterest, the world's biggest collection of ideas. In short, All Cleaning was required to pick up the legal tabs for both Best Buy and AIC. Romantic relationship, family and home are the foundations for success. Additional information is available in this. indemnify, defend and hold harmless, Best Buy . The third result is Tina Grass Kieffer age 40s in Springville, IN. AIC, All Cleaning, and Best Buy were all eventually named as defendants in that action. In its contract with AIC, All Cleaning promised to defend, hold harmless, and indemnify AIC and its customer, Best Buy, from any connection with any act of negligence, omission, or conduct arising out of the operation of [All Cleaning s] business and [its] performance or non-performance of the Services. The AIC/All Cleaning contract did not obligate All Cleaning to indemnify AIC or Best Buy for the legal costs of defending a lawsuit that was dismissed for lack of evidence. The interpretation of a contract is subject to de novo review by an appellate court. That judicial finding along with a plain reading of the AIC/All Cleaning indemnification provision leads to the conclusion that All Cleaning is not contractually responsible for paying AIC s and Best Buy s defense costs. Aujourd'hui, elle se consacre à son association \"Toutes à l'école\", qui principalement scolarise plus de 1 400 filles très défavorisées au Cambodge. View the profiles of people named Tina Kieffer. Thus, we should give contractual terms their plain and ordinary meaning, M.J. Paquet, Inc. v. N.J. Dep t of Transp., 171 N.J. 378, 396 (2002), unless specialized language is used peculiar to a particular trade, profession, or industry, see VRG Corp. v. GKN Realty Corp., 135 N.J. 539, 548 (1994) (citation omitted); see also N.J.S.A. . The court rejected her expert s conclusion that the floor was negligently maintained as nothing more than a bare conclusion unsupported by factual evidence. 3 Mr. and Mrs. Kieffer are collectively referred to as plaintiffs. They are sensitive and perceptive. On June 19, 2004, while shopping at Best Buy in Holmdel, Tina Kieffer slipped and fell on what she described as a slippery substance. This repository is populated with tens of thousands of assets and should be your first stop for asset selection. . Pacifico v. Pacifico, 190 N.J. 258, 267-68 (2007). The record is devoid of any judicial finding that All Cleaning s conduct was somehow the cause. Your team’s Premium Access agreement is expiring soon. Accessoiries. (pp. Ibid. Change, Action, Seize the day, Expression, Growth. It had last waxed the store s floors nearly three months before the accident. If an indemnity provision is unambiguous, then the words presumably will reflect the parties expectations.