34 results for 'cat:"Construction" AND cat:"Negligence"'.
J. Molaison finds that the trial court properly found for a supply company on a worker's negligence claim that a shifting pipe fell on his foot during a
hydro pressure test at the pump station. The worker alleged that the supply company was responsible for ordering necessary “Star Pipe connections” but did not allege a product defect, only that the construction used incorrect parts. The supply company's undisputed role consisted of identifying parts for the project at issue from the project designer and did not supervise or install the pipe. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: April 24, 2024, Case #: 23-CA-424, Categories: construction, negligence, Contract
J. Miller finds the trial court improperly granted summary judgment to the president of the laborer's corporate employer in the laborer's lawsuit claiming the president is responsible for failing to provide proper safety equipment to the laborer, causing him to fall while securing a tarp to a second-story roof. In part because there is evidence in the record showing the president personally gave the order to apply the tarp to the roof the laborer was working on, the laborer has at least sufficiently pleaded his claim such that summary judgment should not have been granted. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: April 3, 2024, Case #: 23-0175, Categories: construction, negligence
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Per curiam, the appellate division finds that the trial court properly granted indemnification to the construction manager on a project to fix school sidewalks in negligence claims brought after a teacher fell due to the drop-off between the sidewalk and grass. The construction manager only had general supervisory powers over the contractors, and the subcontractor "left the area in a more dangerous condition than when the project started." Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 22, 2024, Case #: CA 23-00598, Categories: construction, Insurance, negligence
J. Griffin finds that an architect and contract administrator do not have a duty to protect an employee of a subcontractor from injury under the parties' construction contract. Under the clear and unambiguous language of the General Conditions and Design Agreement, the architect's “undertaking of periodic visits and observations by [Architect] or his associates shall not be construed as supervision of actual construction,” and the architect "will not be responsible for nor control the construction means, methods, safety precautions and programs.” Reversed.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: March 22, 2024, Case #: 2023-C-00928, Categories: construction, negligence, Contract
J. Altice finds that the trial court improperly ruled in negligence claims concerning construction of a drainage system. The court properly held that the construction company owed property owners a duty to properly design and construct the subdivision's drainage system, but the development company did not have a hand in designing the property owners' home or the drainage system. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: February 27, 2024, Case #: 23A-PL-437, Categories: construction, negligence
J. Bledsoe dismisses the third-party complaint filed by a subcontractor against the demolition company that was brought on by a general contractor hired to build a cold-storage facility. In 2020, two of the demolition firm’s employees accidentally released deadly ammonia gas, which killed one employee, delayed the project and damaged the firms’ products. The subcontractor’s complaint alleges the demolition company is responsible for the incident and argues it must pay for the subcontractor’s alleged damages, but its negligence claim is brought after the statute of limitations expired, and its claims for indemnity were insufficiently pleaded.
Court: North Carolina Business Court, Judge: Bledsoe, Filed On: February 23, 2024, Case #: 2024-NCBC-9, Categories: construction, negligence, Indemnification
Per curiam, the appellate division finds that the trial court properly dismissed third-party claims contending a subcontractor failed to provide a safe work site in underlying workplace accident claims because the subcontractor did not direct, supervise, or control the employee's work on the site and did not have a contract with the school district or campus. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: CA 22-01252, Categories: construction, negligence
J. Pritzker finds that the lower court properly declined to dismiss workplace injury claims brought after plaintiff drove a lift off the edge of a loading dock while performing repairs on a salt shed because questions of fact remain unresolved as to whether plaintiff had been on the job the day before his contract commenced. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: January 25, 2024, Case #: CV-23-0916, Categories: construction, negligence
Per curiam, the court of appeals denies the construction company's request for a writ of mandamus challenging the court's denial of its motion to compel the neuropsychological examination of the bicyclist who was injured from a crash precipitated by a drainage cover that gave way when he ran over it. The company waited more than four months to seek mandamus relief, did not address the delay or offer justification, and so has failed to act diligently to protect its rights. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: January 24, 2024, Case #: 12-24-00004-CV, Categories: construction, Tort, negligence
J. Seitz finds that the trial court properly reduced the award received by a homeowners' association for water damage caused by faulty construction from $11.3 million to $3 million because the award had been inflated by inadmissible and speculative evidence. Meanwhile, the court properly granted judgment on column damages because evidence did not demonstrate complex-wide damages.
Court: Delaware Supreme Court, Judge: Seitz, Filed On: January 3, 2024, Case #: 94, 2023, Categories: construction, Damages, negligence
J. Powers finds that the lower court improperly found for a laborer struck by a car at a hotel construction site while an employee backed out of a parking spot at the request of a hotel valet. Questions of fact remain unresolved as to whether proper fencing had been placed around the area in which the laborer had been guiding equipment through the parking lot, or whether the hotel employee signaled his intentions to the equipment operator before moving his car. Reversed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: December 21, 2023, Case #: CV-22-2241, Categories: construction, negligence, Premises Liability
J. Armstrong finds the lower court properly awarded a homeowner damages in this case concerning defective flooring. Though both parties agree repairs are in order, the builder disagrees with the estimated costs and associated award. The instant court finds that the lower court properly weighed expert testimony from both sides and determined the awarded amount. Affirmed.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: October 16, 2023, Case #: M2022-01531-COA-R3-CV, Categories: construction, Damages, negligence
J. Rowe finds the trial court properly sustained the grocery store's challenge to evidence sufficiency in this negligence suit brought by a contractor who fell off a ladder supplied by the store when installing a new checkout lane. While a property owner has a duty to keep the premises reasonably safe for a contractor, there is an exception when the owner does not direct the work and the hazards resulting in injury are incidental to the work. The contractor has failed to establish that the owner owed him a duty of care. Affirmed.
Court: Oklahoma Supreme Court, Judge: Rowe , Filed On: September 26, 2023, Case #: 120434, Categories: construction, Tort, negligence
J. Holdridge finds that the trial court properly ruled in favor of the general contractor and dismissed the claims relating to a subcontractor's damaged crane that was used in a demolition project. Because the general contractor did not control how the crane workers performed their jobs, it could not be held liable for the accident that damaged the crane. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Holdridge, Filed On: August 29, 2023, Case #: 2022CA0892, Categories: Civil Procedure, construction, negligence