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Safety Manager Granted Summary Judgment against Personal Injury Claim for Steel Tubing Falling Through Sidewalk Bridge Not Built in Conformance with Plans

by Kent Holland | Feb 12, 2024 | Newsletter Article

An individual walking on a sidewalk next to a building being constructed in New York City suffered injuries when a section of steel tubing that was being hoisted fell onto him from 11 stories up.  It fell through a three-foot gap between the building and a sidewalk...

Homeowner action against Window Manufacturer Dismissed Pursuant to Economic Loss Doctrine

by Kent Holland | Feb 12, 2024 | Newsletter Article

A homeowner who purchased a home 10 years after it was built for the original owner, filed suit alleging negligence, products liability and breach of warranty against the home builder and the window manufacturer, alleging that defective windows caused water damage to...

Incorporation by Reference Clause Did Not Flow Down Prime Contract Insurance Provisions to the Subcontractor

by Kent Holland | Jan 4, 2024 | Newsletter Article

Where Owner argued that it was covered as an Additional Insured under a Subcontractor’s CGL policy, the court held that the subcontract required only that the Prime Contractor be named as an additional insured, and because no one is an additional insured unless a...

Worker That Fell from Scissor Lift May Sue Manufacturer for Product Defect

by Kent Holland | Jan 4, 2024 | Newsletter Article

A worker fell from a scissor lift while installing glass panels.  He failed to latch a chain that was designed to guard the lift entrance.  The suit alleged product defect and also alleged that a warning label on the equipment was too far from the edge of the...

Gross Negligence Claim for Punitive Damages Rejected by Court

by Kent Holland | Jan 4, 2024 | Newsletter Article

Where a building owner sued its contractor for negligence in driving sheet piling that resulting in building damages, the court rejected the owner’s motion to amend its complaint to add a claim for punitive damages based on alleged gross negligence.  Florida has a...

Design Professional Could be Liable for Injuries sustained by Construction Worker

by Kent Holland | Oct 11, 2023 | Newsletter Article

Where a construction laborer was injured when a wall collapsed on him while demolishing part of a building, the laborer sued the project architect and the project engineer for alleged negligence in preparing and approving design plans and specifications and in failing...
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