Ryan v. Ballard Marine, LLC

Background

Mark Ryan brought claims under common law, the Longshore and Harbor Workers’ Compensation Act, and the New York Labor Law arising from a May 20, 2019 construction accident during demolition of the Tappan Zee Bridge. Ryan was performing commercial diving work when his hand became caught between part of the bridge structure and a barge, severing several fingers. The opinion states that all claims except contractual-indemnity claims had been settled or were no longer pending, leaving a dispute involving Resolve Marine Services, Inc., Resolve Marine Group, Inc., Tappan Zee Constructors, LLC, Ballard Marine, LLC, and Ballard Marine Construction, LLC.

Motions and legal standard

Resolve moved for summary judgment against Tappan Zee Constructors, LLC on a contractual-indemnity claim. Tappan Zee Constructors, LLC also moved for summary judgment on a contractual-indemnity claim against Ballard Marine, LLC and Ballard Marine Construction, LLC. Summary judgment is appropriate when there is no genuine dispute about a fact that could affect the result and the moving party is entitled to judgment under the law. The opinion states that no opposition papers were filed in response to either motion.

Resolve’s indemnity claim

The contract between Resolve and Tappan Zee Constructors, LLC covered Resolve’s work on the project and included indemnification provisions. Section 28.4 required Tappan Zee Constructors, LLC, to indemnify and hold harmless covered contractor-group indemnitees for losses arising from bodily injury or death involving covered company-group indemnitees. The contract defined the covered group to include contractors and other invitees on the site at the company’s request, and Section 28.2 expressly included Resolve and its affiliates. The court held that the injury fell within the contract’s indemnity coverage and that Resolve was indemnified by Tappan Zee Constructors, LLC for losses described in Section 28.1 of the contract.

Tappan Zee Constructors, LLC’s indemnity claim

The contract between Tappan Zee Constructors, LLC and Ballard Marine, LLC and Ballard Marine Construction, LLC also contained indemnification provisions. Section 28.1.3 required Ballard to indemnify Tappan Zee Constructors, LLC for losses arising from injury or death connected to work under that contract or resulting from Ballard’s acts or omissions. The court held that the injury was within the scope of the covered work and possible Ballard omissions. It therefore held that Tappan Zee Constructors, LLC was indemnified by Ballard for losses described in Section 28.2 of that contract.

Disposition

The court granted Resolve’s motion for summary judgment related to its indemnification claim against Tappan Zee Constructors, LLC. It also granted Tappan Zee Constructors, LLC’s motion for summary judgment related to its indemnification claim against Ballard Marine, LLC and Ballard Marine Construction, LLC. The court vacated its March 19, 2025 Opinion and Order, stating that the earlier order concerned claims that had already been settled and was moot; the court further stated that the earlier order had no precedential value. Judge Roman directed the clerk to enter judgment as indicated and terminate the action.