ILNews

Contractor owed no duty to worker injured during construction of Carmel arts center

Back to TopCommentsE-mailPrintBookmark and Share

Summary judgment for a contractor on the Carmel Regional Performing Arts Center construction was appropriate, the Indiana Court of Appeals ruled, rejecting an injured worker’s argument that a duty was owed to him based on federal workplace safety regulations.

Nathan Ferguson worked for General Piping Inc. when he walked across a temporary wooden walkway on the project site. It broke, causing him to injure his knee. Ferguson and his wife, Deanna, sued contractor Poynter Sheet Metal and 14 other defendants for damages and loss of consortium. The trial court granted summary judgment for Poynter on the issue of whether the company owed Ferguson any duty to refrain from creating or permitting a hazardous condition at the project site.

On appeal, the Fergusons contended that Poynter, as a contractor at the worksite, had a duty to abide by Occupational Safety & Health Administration regulations. The Fergusons claim that Poynter’s duty arose from the contract between Poynter and the Carmel Redevelopment Commission because OSHA requirements are federal regulations.

“The trial correctly found that Poynter did not have a duty of care arising by contract to Nathan. Poynter’s contract specifically provided that Poynter was responsible for ‘all safety precautions and programs in connection with the Work and shall take all necessary precautions for the safety of, and provide the necessary protection to prevent damage, injury or loss to (i) all employees on the Work and other persons and organizations who may be affected thereby,’” Judge Ezra Friedlander wrote in Nathan and Deanna Ferguson v. Shiel Sexton Company, Inc., WR Dunkin & Son, Inc., Lynch, Harrison & Brumleve, Inc., et al., 29A05-1301-CT-8. “Of note is the use of the word ‘Work’ instead of ‘Project.’”

But the Fergusons claimed that Poynter had a contractual duty to comply with OSHA’s Multi-Employer Citation Policy, CPL 02-00-124. But their argument failed because Poynter was not a creating, exposing, correcting, or controlling employer under the policy. The Fergusons could not establish the trial court erred by granting summary judgment on the issue of duty of care.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

ADVERTISEMENT