Hunt Constr. Group, Inc. v. GarrettAnnotate this Case
An employee of a concrete subcontractor was injured in a workplace accident during the construction of a stadium. The employee sought to recover damages for negligence from the project's construction manager by whom she was not employed but whom she contended had a legal duty of care for jobsite-employee safety. The trial court ruled in the employee's favor that the construction manager could be held vicariously liable for the actions of the subcontractor. The Supreme Court granted transfer and reversed the trial court, holding (1) the construction manager was not vicariously liable to the worker for any negligence of the subcontractor because the construction manager and subcontractor did not have the requisite relationship; and (2) the construction manager did not have, either by the terms of its contracts or by its actions, a legal duty of care for jobsite-employee safety, and therefore the construction manager could not be held liable to the employee for negligence. Remanded.