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Kamla v. Space Needle Corporation3/5/2001
Jeff Kamla appeals from the summary judgment dismissal of his personal injury action against The Space Needle Corporation (Space Needle). Kamla, an employee of a fireworks company, was injured by the movement of the Space Needle elevator while he was installing fireworks on the Space Needle. Kamla contends the trial court erred in concluding that Space Needle did not owe him a duty of care.
We affirm in part, and reverse in part. The Space Needle owed Kamla a common law duty of care based on his status as an invitee. Space Needle did not owe Kamla either a statutory duty of care under Stute v. P.B.M.C., Inc., or a common law duty based on retained control over the work of Kamla's employer.
I.
Kamla was an employee of Pyro Spectaculars ('Pyro'). For several years, Pyro was hired by Space Needle to provide fireworks on New Years Eve. In 1997, fireworks were installed on the 200-foot level of the Space Needle for the first time. The 200-foot level is a hexagonal platform through which the Space Needle's three elevators pass. There are no guardrails or other barriers around the elevator openings. The use of the 200-foot level presented new safety issues. In addition to the danger of falling, Pyro employees were exposed to the danger of the elevators moving through their work area.
The danger of the moving elevators was obvious to everyone, but the elevators were not shut down while Pyro employees were working on the 200-foot level. Space Needle retained control over the elevators, and Space Needle employees operated the elevators. During the firework set up, Space Needle ran the elevators for normal passenger use at normal operating speeds. No special precautions were taken as the elevators passed through the 200-foot level.
The contract between Space Needle and Pyro required Space Needle to provide access to the site and 'technical assistance and support.' Space Needle and Pyro employees had several meetings to discuss safety issues, including the danger posed by the moving elevators. Space Needle required a mandatory safety meeting with Pyro employees prior to performance of Pyro's work, but the Space Needle was not involved in actually setting up the fireworks.
On December 30, 1997, Kamla began work installing fireworks on the 200-foot level. A Pyro employee gave Kamla a long safety line. Kamla attached his safety line to the core of the Space Needle near an elevator shaft. As Kamla moved around the elevator opening, his safety line was dragged over the opening. The elevator descended, snagged the safety line, and pulled Kamla down through the opening. At the time of the accident, the elevator was in regular passenger service under the control of Space Needle. The accident was investigated by John Petruzzelli, a safety compliance officer with the Department of Labor and Industries. Petruzzelli issued several citations to Pyro, at least one of which related to the failure to 'lockout/tagout' the elevator to prevent it from moving while Pyro employees were working.
Kamla sued Space Needle for personal injuries. Space Needle moved for summary judgment, arguing that it did not owe or breach a duty of care to Kamla.
A. Disputed Evidence of Space Needle's Control Over the Elevator and the Work Site
Space Needle submitted a declaration by Ian Gilfillan, the vice-president and general manager of Pyro. Gilfillan declared that:
Pyro-Spectacular's employees contemplated whether to shut off the elevators during our set up of the 200-foot level fireworks display. Rather than have the elevators shut off, the crew assigned to work on the 200-foot level had a safety meeting and identified
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