What objections and motions should be made

Reference no: EM133436653

Case Study: This case is an indemnity claim. The plaintiff, a general contractor who builds homes, was previously sued by a home purchaser for injuries sustained in a fall against a shower door which broke upon impact. That shower door was manufactured by the defendant, a subcontractor. Plaintiff is now seeking from the defendant all attorneys fees and costs expended in the defense of the previous claim.
Before trial the plaintiff and defendant agree to a stipulation that the amount of attorneys fees and costs incurred in the defense of the previous claim totaled $16,838. In plaintiff's case- in-chief the stipulation is offered in evidence, and there is no objection.
At the close of the plaintiff's case, defendant moves for a directed verdict (judgment as a matter of law), and the following happens:
Defense: Your honor, we are entitled to a directed verdict because here the law is clear-there can be no recovery of attorney's fees and costs incurred in the defense of an indemnity claim.
Judge: Plaintiff, that seems to be a correct statement of law. Is there any reason why I should not grant the defendant's motion?

Questions:

1. What objections and motions should be made?
2. What are the best arguments to support the objections?
3. What are the best arguments to oppose the objections?
4. What are the proper rulings?
5. How else could these issues have been resolved?

Reference no: EM133436653

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