Hartline Barger Prevails on Summary Judgment in Construction Accident Case

On August 13, 2024, Hartline Barger attorneys, led by Stephen Garrett and Lisa Massey prevailed on summary judgment in a construction accident case on a co-defendant's cross-claim for contractual indemnity, defense, attorney's fees, and contribution. The lawsuit relates to a 2021 construction accident in San Antonio, Texas in which one construction worker was killed and another injured. Hartline Barger represented one of the subcontractors against whom another subcontractor made claims for contractual indemnity, defense, attorneys fees, and contribution. Both subcontractors filed competing motions for summary judgment on the co-defendant's cross-claim. Hartline Barger argued that the contract that was the subject of the cross-claim was 1) unenforceable because it was not signed by an individual with authority to bind the company, 2) the co-defendant's claims for indemnity, defense, attorney's fees, and contribution were barred by the express negligence doctrine, and 3) that a subsequent contract was the controlling contract and superseded the contract the co-defendant sought to enforce. Ultimately, the Judge agreed and denied the co-defendant's motion for summary judgment and granted the Hartline Barger motion for summary judgment.


A special thank you to the team of attorneys who made this victory possible, including Peter Blomquist, Selina Contreras, Zane Thomas, and Caden Tague.