Mosby Foundation Added to Spencer Lawsuit
By Bill Walsh
Mosby Foundation Added to Spencer Lawsuit
By Bill Walsh
Times-Democrat Staff Writer
In a new wrinkle in the Spencer family's $30 million lawsuit against the Town of Warrenton and others (see sidebar), lawyers representing the town have named the John Singleton Mosby Foundation as a third party to the suit.
If they are successful in keeping that addition to the suit, the town would be relieved of liability.
After recent legal maneuvering, attorneys representing the town are essentially claiming breach of contract because the foundation has not accepted what attorney Ed Starr called "a contractual obligation" to hold the town harmless in the event of any accidents on the Mosby Museum property, which includes the Visitor Center.
"When Warrenton bought the property," said Starr, who is representing the town, "it entered into a lease agreement with the foundation. As part of that lease, the foundation agreed to an indemnification provision."
In layman's terms, Starr said the foundation agreed that the town would be held harmless if anyone were ever injured on the leased property. Further, the foundation was required by the lease agreement to obtain insurance to protect the town should such a liability ever arise.
Starr said that foundation lawyers had assured him that such a policy exists. As of last week, he had not actually seen it, he said.
When the Spencer family filed the $30 million suit against Warrenton, town officials asked the Mosby Foundation to "defend and indemnify" the town, Starr said, based on the lease clause.
When the foundation failed to do that, it was named as a third party to the suit.
See the June 3 Times-Democrat for the complete story.