A 41-year-old, married man with four children who was an employee of our client, a nursing home, alleged that, while at work, he was a passenger in an elevator that fell between floors and abruptly stopped, allegedly resulting in his total disability due to traumatic injuries to his lumbosacral spine. He sued the elevator company, which brought a third-party action sounding in contractual indemnity against the nursing home. We moved for summary judgment in the third-party action primarily on the basis that the elevator company’s service manager conceded at deposition that the defect in the elevator which the company alleged to have been caused by the nursing home’s negligent use and operation of the elevator could not have served as the cause of the elevator’s alleged fall. During the pendency of the motion, the elevator company settled with the plaintiff for $2 million and voluntarily discontinued the third-party action against the nursing home.