United Scaffolding, Inc. v. Levine (Opinion)Annotate this Case
Plaintiff filed suit against Defendant, the company that constructed a scaffold from which Defendant fell, claiming that Defendant improperly constructed the scaffold and failed to remedy or warn of the dangerous condition on the scaffold. After a second trial, the jury found Defendant negligent and awarded Defendant almost $2 million in past and future damages. Defendant appealed, arguing, in part, that Plaintiff’s claim was improperly submitted under a general negligence theory of recovery. The court of appeals affirmed. The Supreme Court reversed and rendered a take-nothing judgment in Defendant’s favor, holding Plaintiff’s claim against Defendant sounded in premises liability, and a general negligence submission could not support Plaintiff’s recovery in a premises liability case.