Argued November 8, 2010 -- Decided March 15, 2011. 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. 4 It found that the expert s opinion, based in part on an inspection of the store s floor three years after the accident, was insufficient to establish defendants liability. 3 Mr. and Mrs. Kieffer are collectively referred to as plaintiffs. See Am. The third result is Tina Grass Kieffer age 40s in Springville, IN. They often have artistic talents and a sense for beauty. Tina Kieffer was born on November 7, 1959 in If an indemnity provision is unambiguous, then the words presumably will reflect the parties expectations. 12A:1-205. {{familyColorButtonText(colorFamily.name)}}, View {{carousel.total_number_of_results}} results. . According to the panel, [t]he language contained in both indemnity agreements [did] not require a finding of negligence on the part of All Cleaning as a condition precedent to triggering the indemnity provisions. R. 4:46-2(c). We conclude that, under the terms of the indemnification agreement, All Cleaning had no contractual obligation to reimburse either AIC or Best Buy for their legal costs in the absence of a legal determination that All Cleaning caused -- by its negligence, omission, or conduct -- the injuries suffered by Kieffer. Boards are the best place to save images and video clips. 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. The court rejected the conclusion reached by plaintiffs professional engineer that Kieffer fell because of defendants negligent maintenance of the store floor, finding it to be nothing more than a net opinion. The trial court found no evidence that any defendant exercised a lack of due care and concluded that Kieffer s claim was unsustainable. Aujourd'hui, son école au Cambodge comporte : une école primaire, un collège, un centre de formation professionnel L'Oréal et un lycée. Care Products. . Based on the indemnification agreements, Best Buy moved to hold AIC liable for the costs of defending against plaintiffs suit and AIC moved to hold All Cleaning liable for both its legal costs and those it owed to Best Buy. 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 Court will not write a better contract for AIC than the one it drafted and impose on All Cleaning an obligation to reimburse AIC and Best Buy for legal costs incurred on dismissed claims. In short, All Cleaning was required to pick up the legal tabs for both Best Buy and AIC. Elle présente également une émission sur les tendances, Va et Vient, et prend la direction de l’unité de programmes des magazines de TF1. See Pacifico, supra, 190 N.J. at 267-68 (citation omitted); Ramos, supra, 103 N.J. at 191 (citation omitted). The strict-construction approach is taken for two apparent reasons. Sa sœur, Florence Kieffer, est une journaliste et l'ex-compagne de Laurent Delahousse. . ON CERTIFICATION TO Appellate Division, Superior Court. of S. Jersey, Inc., 103 N.J. 177, 191 (1986)).
Tina Kieffer • 5 Pins. However, the quoted language is only contained in the Best Buy/AIC indemnification agreement. . Le même personnage l'avait déjà harcelée dix ans plus tôt, à l'époque où elle participait à l'émission Frou-Frou. Fondée et présidée par l’ancienne journaliste Tina Kieffer, l’association réunit autour d’elle une équipe compétente et investie Paroles de Parrains Christine, marraine de Kim Chhun Vat Mantilla v. NC Mall Assocs., 167 N.J. 262, 272 (2001) (citation omitted). If the meaning of an indemnity provision is ambiguous, the provision is strictly construed against the indemnitee. Elle produit ainsi une trentaine d’épisodes pour une sitcom assez décalée, Les années FM diffusée sur M6, et Sylvie & Cie sur France 2. The Best Buy/AIC agreement also provided that AIC would defend and indemnify Best Buy for all suits, causes of action, claims, and demands asserted against Best Buy. Join Facebook to connect with Tina Kieffer and others you may know. The Getty Images design is a trademark of Getty Images. « L'ex-play-boy de la mode, aujourd'hui patron controversé de «DS», se rêve en patron de presse. Third-Party Defendant/ Fourth-Party Plaintiff-Respondent, Argued November 8, 2010 Decided March 15, 2011. JUSTICE ALBIN delivered the opinion of the Court. However, the trial court ultimately concluded that those claims were unsustainable. Too many images selected. Licenciée de ce journal en octobre 1998, elle poursuit en justice l'éditeur du titre[2] et gagne aux prud'hommes.
It has been prepared by the Office of the Clerk for the convenience of the reader. . 5 De novo review of a contract is predicated on the absence of a factual dispute at issue. AIC then subcontracted to All Cleaning Solutions Co. (All Cleaning) the daily cleaning of a Best Buy store in Holmdel. Francis W. Worthington argued the cause for respondent Best Buy (Worthington & Worthington, attorneys). defendants were negligent in maintaining the floor at the Holmdel Best Buy store. 1 She recalled that she was wearing sandals, [t]he floor was very waxed, and [t]here were no signs or warnings. The Appellate Division affirmed. . You've disabled JavaScript in your web browser. AIC subcontracted with All Cleaning for the daily cleaning of the Best Buy store in Holmdel. The objective in construing a contractual indemnity provision is the same as in construing any other part of a contract -- it is to determine the intent of the parties. We decline to insert language in the AIC/All Cleaning indemnification provision that imposes on All Cleaning the obligation to reimburse AIC and Best Buy on dismissed claims. Tag Archives: Tina Kieffer. In turn, AIC filed a fourth-party complaint against All Cleaning, claiming that All Cleaning was perform[ing] floor maintenance at the store when the accident occurred and was contractually obligated to defend and indemnify AIC. .
On June 19, 2004, while shopping at Best Buy in Holmdel, Tina Kieffer slipped and fell on what she described as a slippery substance. Tina Kieffer est mère de cinq enfants. See Sheild v. Welch, 4 N.J. 563, 566-67 (1950) (permitting court to enter summary judgment sua sponte for non-moving party). . Later, Kieffer filed an amended complaint, naming AIC and All Cleaning as defendants and alleging that their negligence too was the proximate cause of her injuries. Check Reputation Score for Tina Kieffer in Saint Johns, MI - View Criminal & Court Records | Photos | Address, Email & Phone Number | Personal Review | Income & Net Worth which are asserted against, incurred, imposed upon or suffered by Best Buy by reason of, or arising from: (1) the breach of this Agreement by Contractor . Tina Kieffer • 311 Pins. Even if the Court determined that the AIC/All Cleaning indemnification provision was ambiguous, it would be construed against AIC as the indemnitee and drafter of the agreement. ).5 Accordingly, we pay no special deference to the trial court s interpretation and look at the contract with fresh eyes. Buckelew v. Grossbard, 87 N.J. 512, 524 (1981). Your relationship with your emotions can be complicated. The quoted language, however, is contained only in the Best Buy/AIC agreement. In deciding that issue, the court found that there s no evidence in the case that [there] was a deleterious substance . 2 Generally, Best Buy employees did not clean the store s floors other than to mop up a spill. actions, suits, causes of actions, claims, demands . Elle quitte Cosmopolitan en 1992 pour travailler sur la conception de campagnes publicitaires, notamment pour Cacharel et Peugeot. . [W]here one party chooses the term of a contract, he is likely to provide more carefully for the protection of his own interests than for those of the other party.
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. from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, settlements, judgments, and other expenses (including but not limited to cost of defense, settlement, and reasonable attorney s fees) of whatever type or nature, . indemnify, defend and hold harmless, Best Buy . They need a partner in their life. Viewing the undisputed facts in the light most favorable to AIC, and given our interpretation of the AIC/All Cleaning indemnification provision (drafted by AIC), All Cleaning is entitled to judgment as a matter of law. She claimed that she did not observe the dangerous condition until after her fall, and that she left skid marks on the floor. The objective in construing a contractual indemnity provision is to determine the intent of the parties. Additional information is available in this. Her husband, a co-plaintiff, alleged a claim for loss of consortium in both complaints.3 Best Buy filed a third-party complaint against AIC, claiming that AIC was perform[ing] floor maintenance at the store at the time of the accident and was contractually bound to defend and indemnify Best Buy. The appellate panel -- like the trial court -- mistakenly attributed the language in the Best Buy/AIC indemnification agreement to the AIC/All Cleaning agreement. The court noted that Kieffer did not know why she fell and that her only observation was that the floor was shiny.
Tina is related to Matthew G Grass and Connie Surmik Dufrene as well as 8 additional people. On certification to the Superior Court, Appellate Division. An expert retained by Kieffer, Dr. Wayne F. Nolte, Ph.D., P.E., a professional engineer, opined that in the area where Kieffer fell the floor finish material was not properly applied and that the floor treatment was not uniform and consistent with the surrounding area. 15-16). Bldg. Ibid. See what Tina Kieffer (tmaxinek) has discovered on Pinterest, the world's biggest collection of ideas. You're a power user moving through this website with super-human speed. Having inadvertently ascribed that language to the AIC/All Cleaning indemnification agreement, the panel found no ambiguity in the agreement s wording. Tina Kieffer - On n'est pas couché 4 mai 2019 #ONPC - YouTube