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Engineer has no Affirmative Duty to Supervise Jobsite Safety Absent Contract Language or Conduct

by Kent Holland | May 22, 2017 | Newsletter Article

The Supreme Court of Mississippi affirmed a decision that we reported on last year in the case of McKean v. Yates Engineering, affirming that where a subcontractor’s employee was injured when scaffolding collapsed, the engineer working for the prime contractor was not...

Undocumented Immigrant Entitled to Access to Court to Pursue Personal Injury Action against Contractor

by Kent Holland | May 22, 2017 | Newsletter Article

Where summary judgment had been granted against an undocumented immigrant from bringing a negligence claim against his employer, the state supreme court reversed that decision and held that the courts of the state are open to every person of the state regardless of...

Project Owner Not Liable for Injuries of Employee of Contractor

by Kent Holland | Mar 30, 2017 | Newsletter Article

By Kent Holland A subcontractor’s employee suffered a horrible injury when removing an abandoned railroad bridge. After recovering almost $1.5 million in workers compensation, he sued the railroad company that had hired the prime contractor that hired the...

Prime Contractor not Liable for Injuries of Subcontractor’s Employee where Prime Retained no Control of Individual’s Work

by Kent Holland | Mar 30, 2017 | Newsletter Article

By Kent Holland An employee of an independent contractor cannot generally recover damages from the one who hired the contractor for work-related injuries. One exception to this rule is where the hirer actually retained control of the work or otherwise caused or...

Owner and General Contractor Liability Under the Exceptions to the Independent Contractor Rule

by Kent Holland | Aug 18, 2015 | Newsletter Article

Gail S. Kelley, P.E., J.D. ConstructionRisk, LLC Where the employee of a roofing subcontractor died after falling from the roof of a Walmart being constructed in Nebraska, Walmart was not liable for the worker’s death under any of the exceptions to the...
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