Practice Area: Personal Injury
Outcome: Reversal of Summary Judgment Dismissal
Description: Plaintiff worked for a "second tier" siding subcontractor on a large construction project. He suffered injury when he fell from defective scaffodling. He sued the "first tier" siding subcontractor and the owner/developer of the project for failure to provide a safe workplace. The trial court dismissed his case, holding that the defendants had owed no duty to see that his employer followed safe work practices. The court of appeals reversed. It held that the owner/developer's general authority over the workplace gave it sufficient control to create a duty to require subcontractors to follow safety regulations and safe practices. It also held that the "first tier" siding subcontractor occupied a sufficiently similar position with respect to the plaintiff's employer to create the same duty. The court remanded the case for trial.