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Appeals court sides with estate of contractor killed on the job

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The Indiana Court of Appeals ruled an employer was liable for the safety of a subcontractor who fell from a ladder and sustained a fatal injury.

In Capitol Construction Services, Inc. v. Amy Gray, as Personal Rep. of the Estateof Clinton Gray and All One, Inc., No. 49A04-1005-CT-289, the appeals court held that Indiana common law states that employers do not have a duty to supervise the work of an independent contractor to assure a safe workplace and, consequently, employers are not liable for negligence by an independent contractor. But a handful of exceptions apply, and the COA held the trial court did not err in applying one of those exceptions in this case.

Capitol Construction Services hired All One Inc. – the employer of Clinton Gray – as a subcontractor. Gray was testing electrical lines approximatly 15 to 17 feet in the air on a portable ladder when he came in contact with live wires, fell and hit his head on the floor. He died as a result of the fall.

The trial court ruled, and the COA agreed, that per the terms of the contract between Capitol Construction and All One, Capitol had guaranteed to provide fall protection equipment for all workers – employees and subcontractors – when working above the height of six feet. Accordingly, the COA affirmed the trial court’s decision to award summary judgment in favor of Gray’s estate.

Judge Ezra Friedlander agreed but wrote a separate opinion to explain how his affirmation in this opinion is not contrary to his opinion in Hunt Constr. Grp., Inc. v. Garrett, 938 N.E.2d 794 (Friedlander, J., dissenting). Hunt is currently before the Indiana Supreme Court upon the grant of Hunt Construction Group’s petition for transfer.

In Hunt, Friedlander dissented from the majority opinion that Hunt was liable for a worker’s injuries. Hunt was the construction manager on a site where an employee of Baker Concrete was injured, and Friedlander stated that the contract between Hunt and Baker showed Baker would “remain the controlling employer responsible for the safety programs and precautions.”

 

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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