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BJORKMAN v. SUFFOLK CONSTRUCTION COMPANY, INC.; L.D. RUSSO, INC.

No. 95-P-2043.

42 Mass. App. Ct. 591 (1997)

RICKY BJORKMAN v. SUFFOLK CONSTRUCTION COMPANY, INC.; L.D. RUSSO, INC., third-party defendant.

Court of Appeals of Massachusetts, Suffolk.

May 12, 1997.

Attorney(s) appearing for the Case

Thomas M. Elcock (Thomas C. Federico with him) for Suffolk Construction Company, Inc.

Brooke P. Seliger for L.D. Russo, Inc.

Present: PERRETTA, KASS, & JACOBS, JJ.

JACOBS, J.

Once again we are asked to interpret a contractual indemnification clause under G. L. c. 149, § 29C. The plaintiff, an employee of L.D. Russo, Inc. (Russo), was injured in 1990 at a construction site in New Braintree where Suffolk Construction Company, Inc. (Suffolk), was the general contractor under a contract with the Commonwealth. The plaintiff filed suit against Suffolk and Suffolk impleaded Russo, claiming a right to indemnification under a subcontract...

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