September, 2013

O’Bryan, Brown and Toner successfully defended a Louisville, KY based engineering firm in a trial in Jefferson County Circuit Court.  The engineering firm was accused of breaching a contract to indemnify a mine owner for damages after an employee of the engineering firm was injured on the job.  The mine owner alleged that a valid contract existed and was meant to cover all of the engineering firm’s operations at several different mines over all of Kentucky.  O’Bryan, Brown and Toner defended the engineering firm by submitting that the parties never agreed to a blanket contract, no contract was ever created at the mine where the accident occurred, and the indemnity agreement provision was never produced to the engineering firm.  The jury unanimously agreed with the defense and a verdict returned in favor of the engineering firm.