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Case Law Update: Construction Accidents Lawsuits

Grillo v. Yeager Construction, No. 1-07-2335 (12-31-08) decided that in a trial for personal injuries suffered by masonry contractor when he fell after scaffolding tipped during construction of residence, there was sufficient evidence that defendant was general contractor and that general manager of construction site was its agent to submit claim of negligent supervision and premises liability to jury. Further, owners are entitled to summary judgment dismissing defendant’s counterclaim for contribution because there is no evidence that they exercised control over construction site. In addition, plaintiff’s and expert testimony that backfilling was necessary before scaffolding can be safely constructed and that defendant, general contractor, controlled condition of site is sufficient to impose duty and support verdict in favor of plaintiff. This case will have an impact on construction accidents lawsuits.