Attorney represented the employer of a plaintiff who sustained significant cervical and lumbar injuries when he slipped on ice while exiting a tractor trailer in his capacity as a yard jockey at the drug store distribution center

Attorney represented the employer of a plaintiff who sustained significant cervical and lumbar injuries when he slipped on ice while exiting a tractor trailer in his capacity as a yard jockey at the drug store distribution center. Plaintiff underwent cervical and lumbar fusions, complains of major depressive disorder, and is making a six-figure wage loss. Defense attorney filed preliminary objections to strike the joinder complaint on the basis that the indemnity provision did not contain sufficient language to waive the client's worker's compensation immunity. If the drug store was not found negligent, the indemnity would not apply as the indemnity has to pass through the drug store, the only party with a potential claim against the client. If, however, the drug store was found negligent, the exception contained within the indemnity provision would prevent it from being effectuated. The court sustained the preliminary objections and dismissed the joinder complaint.