Justices rule on construction manager's duty for jobsite safety

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The Indiana Supreme Court has held that a construction manager on the Lucas Oil Stadium construction project didn’t have a legal duty to ensure jobsite safety to a subcontractor’s employee either by contract or individual actions, and as a result, cannot be held liable for workplace negligence.

In Hunt Construction Group, Inc., and Mezzetta Construction, Inc. v. Shannon D. Garrett, No. 49S02-1106-CT-365, the justices voted 4-1 to reverse a ruling by Marion Superior Judge David Shaheed that was in favor of Shannon Garrett.

Garrett was working for a concrete company when a coworker dropped a piece of wood that struck her and injured her head and left hand. Shaheed found that the construction manager, Hunt Construction Group, could be held vicariously liable for the actions of her employer, Baker Concrete, because Hunt was in charge of the jobsite. The Court of Appeals held that Hunt was not vicariously liable to Garrett for any negligence on her employer’s part because the two didn’t have the required relationship.

The Supreme Court’s majority relied on Plan-Tec, Inc. v. Wiggins, 443 N.E.2d 1212 (Ind. Ct. App. 1983), as a durable template for resolving these workplace safety issues. Justice Frank Sullivan wrote that for a construction manager to not otherwise be obligated by contract to provide jobsite safety but to be legally bound to provide that care and safety goes beyond what a contract dictates. In this case, Hunt did not undertake any such responsibilities for the project that Garrett was working and can’t be held liable in that way.

Sullivan also wrote that Hunt didn’t assume by its actions on the site any legal duty for that workplace safety, unlike in Plan-Tec, where the construction manager did take on additional jobsite responsibilities beyond the contract.

Justice Brent Dickson dissented, believing that material issues of fact exist about the construction manager’s duty of care and summary judgment is precluded for both parties.

The case is remanded for proceedings consistent with the opinion.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...