CLARK COUNTY BOARD OF COMMISSIONERS
AGENDA ITEM
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Petitioner: |
Steven B. Wolfson, District Attorney |
Recommendation:
title
Authorize Third-Party Complaint to Implead Priefert Mfg. Co., Inc. in Kevin Jones v. Equine Events Management, et al., EJDC Case No. A-23-878565-C. (For possible action)
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FISCAL IMPACT:
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Fund #: |
1010.000 |
Fund Name: |
General Fund |
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Fund Center: |
1080716000 |
Funded PGM/Grant: |
N/A |
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Amount: |
Up to $5,000 |
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Description: |
Miscellaneous court fees and related expenses |
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Additional Comments: |
N/A |
BACKGROUND:
Plaintiff Kevin Jones, a contractor working for Priefert Mfg. Co., Inc, delivered horse paddock chutes and panels to Horseman's Park on or around October 26, 2021. In the process of unloading those panels an incident occurred in which Mr. Jones sustained injuries, and he brought suit against Clark County's event management contractor at Horseman's Park at the time, Equine Events Managements, LLC. Thereafter, Equine Events Management, LLC sued Clark County via Third-Party Complaint alleging causes of action for contribution and equitable indemnity for any judgment entered against it in the underlying action.
As the purchase order with Priefert Mfg. Co., Inc. provides that Priefert had the primary duty to unload the goods covered by the purchase order and also provides for indemnity and defense of Clark County for claims arising out of goods or services covered under the Contract, Clark County seeks to add Priefert Mfg. Co., Inc. as a Third-Party Defendant to either compel specific performance of its defense obligations or to assert claims for breach of contract and contractual indemnity in the alternative.