Thrifty Payless, Inc., dba Rite Aid Corporation vs. Whiting-turner Contracting Company


    This is a case that was successfully tried by Christopher E. Faenza to a defense verdict on the cross-complaint before the Hon. Tracy T. Moreno in Dept "86" Los Angeles Superior Court, San Pedro. In the case, cross complainant, Thrifty Payless sought $80,000 in attorney's fees and costs based on an express contractual indemnity claim. Whiting-Turner had been contracted to remodel a property for Thrifty in Long Beach. The construction was completed in 1999. In 2001, a customer of Thrifty tripped and fell while exiting the store and Thrifty alleged that the fall was caused in part by the work of Whiting-Turner. Thrifty settled with the plaintiff in the underlying action prior to the trial on the cross-complaint, and sought reimbursement for the $20,000 paid to the plaintiff in addition to their attorney's fees and costs. After a three-day trial, Judge Moreno ruled that the fall of the plaintiff was not related to the construction by Whiting-Turner and that Thrifty take nothing by way of their cross-complaint. Whiting-Turner was awarded, and received costs as the prevailing party.

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