crmer spina shaugnessy, jansen siegert, llc

Summary Judgment Obtained In Wrongful Death Construction Accident Case

 
In February 2009, Kimberly Ross obtained summary judgment for her client, an excavation company, in a case stemming from an accident that killed one person and severely injured another. In that case, the excavation company entered into a contract with a school to perform the mass site earthwork and underground sewer and water work. The excavation company subcontracted the site utility work to a specialist in that area. A father and son on the project were installing sewer pipes at a depth of 12 feet when the trench collapsed and buried both. About 30 minutes prior to the accident, the father (foreman) had ordered the removal of the trench box. The motion for summary judgment argued that the sewer contractor was an independent contractor and that the excavation company did not control the “means and methods” or “operative details” of the sewer contractor’s work, and had no knowledge of work being performed without a trench box. The court held that under Section 414 of the Restatement (Second) of Torts, the excavation company did not owe a duty to the employees of the sewer contractor.

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