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Judges split on construction manager's duty to injured worker

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An Indiana Court of Appeals judge dissented from his colleagues’ majority holding, finding their ruling would “fundamentally alter contracts” dealing with safety on jobsites.

In The Hunt Construction Group, Inc., et al. v. Shannon D. Garrett, No. 49A02-1001-CT-86, The Hunt Construction Group appealed partial summary judgment in favor of Shannon Garrett on her vicarious liability claim and the denial of summary judgment for the construction company regarding its duty to Garrett. Garrett, an employee of Baker Concrete, was injured while working on Lucas Oil Stadium in Indianapolis. Hunt Construction was hired by the Indiana Stadium and Convention Building Authority to be the construction manager on the project. Hunt didn’t enter into a contract with Baker Concrete or other contractors.

The appellate panel agreed that the trial court erred in finding Hunt Construction was vicariously liable for the negligence of Baker Concrete. The trial court based its ruling on Garrett’s argument that Hunt Construction owed her a nondelegable duty – where a principal is by law or contract charged with performing the specific duty. Vicarious liability has generally been applied in the general contractor/subcontractor relationship in construction litigation cases, wrote Judge Michael Barnes. That general relationship doesn’t exist in this case as the ISCBA contracted separately with Hunt Construction and Baker Concrete.

But the judges were divided on whether Hunt Construction owed a duty to Garrett. The majority, after examining the contracts Hunt Construction entered into, found that many provisions gave the company significant duties regarding safety on the jobsite. It was responsible for approving contractors' safety programs, addressing safety violations, and had the ability to remove any employee or piece of equipment deemed unsafe. These provisions resulted in Hunt Construction assuming a duty to workers on the jobsite, including Garrett.

Judge Ezra Friedlander dissented on this matter, believing the majority disregarded the provisions that limited Hunt Construction’s duties regarding safety. His reading of the contract language as a whole clearly shows Hunt Construction didn’t assume a duty to Garrett by contract, he wrote. There are several limiting provisions, which are an unequivocal statement that the construction company wasn’t responsible for project safety and the safety of Baker Concrete’s employees.

“The Majority wholly ignores the clear import of these provisions and fails to give them effect, essentially rendering them ineffective and meaningless,” he wrote. “The Majority’s holding will fundamentally alter contracts of this nature and make it virtually impossible for a contractor taking on the role of construction manager to limit its liability so as not to become an insurer of safety for workers of other contractors.”

Imposing a duty of care on Hunt Construction for the safety of the employees of each contractor here is tantamount to making it an insurer of safety. The majority’s construction of the contractual provisions at issue undermines the framework often used in projects like this, he wrote.

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  • shame on them
    who stand up the working class,watching big corperate company play pass the buck (so to speak)shame on them.This is a person,doesn't her while-being matter. Our justice system needs to take a stand and stop allowing companies it away with this. One day it could be one of their family member in this

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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