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Kamla v. Space Needle Corporation3/5/2001
laintiff's employer, and it was undisputed that the defendant city did not create or control the dangerous instrumentality that caused the accident. In this case, however, the danger of the moving elevator was created and controlled by Space Needle. The danger was known to Space Needle before the accident. A trier of fact could find that Space Needle was negligent in operating the elevators while people were working on the 200-foot level without adequate protection from the moving elevators.
(2) Space Needle's Duty Under the 'Retained Control' Exception In Kelley v. Howard S. Wright Constr. Co., the court held that one who engages an independent contractor may be liable for injuries caused by the work of the contractor where the employer of the contractor retains control over some part of the work. Later cases have clarified that retention of the right to control the work is not enough and that actual control is required. Owners who do not actually control some part of the work are not liable. While Space Needle controlled the elevator, it did not control the actual work being performed by Pyro. Therefore, Space Needle is not liable, under the retained control exception, for any negligence of Pyro.
III.
Space Needle owed Kamla a common law duty to avoid endangering Kamla by its own negligence. The trial court erred in holding otherwise.
REVERSED
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