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Case Law Update: Construction Negligence

Aguirre v. Turner Construction Co., No. 08-3999 (9/30/09) affirmed that the record contained sufficient evidence to support jury’s verdict in favor of defendants-general contractors in lawsuit filed by plaintiff-employee of subcontractor seeking recovery for injuries received at work site when plaintiff fell off scaffold that had been constructed by plaintiff’s employer. Record suggested that either plaintiff or his employer was cause of accident. Fact that defendants had assumed duty to supervise measures taken by subcontractors to protect their workers did not require that defendants make continuous inspections of scaffold. Moreover, defendants had contracts with subcontractors calling for subcontractors to erect and inspect scaffolds. This seventh circuit case will have a great impact on construction negligence.