A Lackawanna County judge has released the employer of a man who was crushed under a 1,000-pound slab of concrete from a lawsuit the employee filed, ruling that the indemnity provision between the employer and the general contractor that hired it lacked the specificity required for the employer to waive its immunity from tort claims.
Court of Common Pleas Judge Terrence R. Nealon said the indemnification clause between TSE Inc., the general contractor, and Spano Construction, plaintiff Daniel Genevich's employer, was insufficiently specific because it did not include language demonstrating that Spano had agreed to indemnify TSE from liability for TSE's own negligent acts harming Spano's employees. Accordingly, the agreement did not meet requirements in Section 481(b) of the Workers' Compensation Act on the waiver of employer immunity.
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