Res-Care Inc. v. Roto-Rooter Services Co.

OPINION AND ORDER DENYING DEFENDANT ROTO-ROOTER’S MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART DEFENDANT LEONARD VALVE’S MOTION FOR SUMMARY JUDGMENT

Plaintiff Res-Care, Inc. brought this action for indemnity against Defendants Roto-Rooter, Leonard Valve and Bradford White arising from Plaintiffs $8.5 million settlement of a lawsuit brought by the Conservator of a severely developmentally disabled adult, Theresa Rodriguez, who was badly scalded by hot water during a shower at her residential care facility. Defendants Roto-Rooter and Leonard Valve have moved for summary judgment.

The Court held a hearing on Defendants’ Motions on September 16, 2010. The Court issued a brief order on October 1, 2010 denying both motions. This opinion sets forth the Court’s reasoning in detail.

Legal Standard

Summary judgment shall be granted if “the pleadings, discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed. R. Civ. Pro. 56(c). Material facts are those which may affect the outcome of the case. See Anderson v. Liberty Lobby, Inc.,…