Solares

FACTS AND PROCEDURAL HISTORY

On August 6, 2008, Gregorio Solares sustained serious head injuries after falling from the top of a nine-foot high refuse bin while working at Aspen. The container was one of several 40-cubic-yard roll-off containers that Aspen leased from Consolidated. Solares sued Consolidated for product liability, alleging that Consolidated had replaced the lids on the containers with ones that were unsafe because: they were more likely to become stuck; they required personnel to climb on top in order to open or close them; and Aspen failed to provide warnings or instructions concerning these hazards.1 Consolidated cross-complained against Aspen for indemnity and declaratory relief pursuant to the parties’ lease agreement, which provided that “[Aspen] agrees to protect, defend, indemnify, and hold harmless [Consolidated] against all claims, damages, suits, penalties, fines, and liabilities for injury or death to persons or loss or damage to property arising out of [Aspen’s] use, operation or possession of the Equipment.”2 Shortly before trial, Aspen moved to bifurcate Consolidated’s cross-complaint from the underlying product’s liability complaint and try the…