Supreme Court of Delaware

Jury verdict for plaintiff, a subcontractor's employee, in his personal injury suit against a general contractor is reversed where the trial judge erred by instructing the jury on an "obvious safety hazard exception" which was contrary to established Delaware law. However, summary judgment for defendant is reversed where, for purposes of the exceptions to the general rule that general contractors owe no duty to independent contractors' employees, there were genuine issues of material fact about whether defendant voluntarily assumed responsibility for safety.

Appellate Information

• Decided 06/06/2006
• Published 06/12/2006

Judges

• STEELE, Chief Justice:, Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Louis J. Rizzo, Jr. (argued) and David J. Soldo, Reger Rizzo Kavulich & Darnall, L.L.P., Wilmington, DE, for appellants.


• For Appellees:
  
• Bartholomew J. Dalton (argued) and Laura J. Simon, Dalton & Associates, P.A., Wilmington, DE, for appellee.