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Bray v. CKM Associates9/17/2001
Rick Bray appeals the trial court's summary judgment dismissal of his personal injury claims against CKM Associates for negligent supervision of CKM's work crew and work site, and for breaching a common law duty to provide a safe work place. Because Bray failed to meet his burden of showing the existence of a genuine issue of material fact as to these claims, the trial court's ruling was not in error, and we affirm.
FACTS
The following account of events is undisputed. Rick Bray was employed by Concrete Coring Company, an independent contractor retained by CKM to cut openings in the masonry walls and floors for the installation of air conditioning equipment in a commercial building owned by CKM.
CKM's full-time employee Mark Astor oversaw the work of Concrete Coring and other independent contractors such as Drywall Wizards and Cascade Air Conditioning. CKM's agreement with Concrete Coring required CKM to provide the layout for saw cutting or core drilling to be done by Concrete Coring. Astor directed Bray to cut a portion out of a wall. He provided Bray with a laborer to assist him. Because the portion to be cut was above a walk-bridge, Bray needed a ladder. He asked Astor for a ladder and rope to secure the ladder. Bray and the assistant then tied the ladder to the wall with the rope.
On Friday, August 13, Bray worked on the job until 3 p.m. and then left for the weekend. Astor testified that he and a CKM employee named Tony Delmorel were at the building on Saturday, August 14, to clean and remove rubble from another area of the building. On Monday, August 16, Bray returned to work at 7 a.m. He saw the ladder in the same position as he had left it on Friday, and proceeded to climb up with a wall saw. As he approached the top, he saw that Sean O'Connell, another Concrete Coring employee, was already there. While preparing to unload the wall saw, Bray and the ladder fell backwards because the rope no longer secured the ladder. Bray suffered injuries to his right heel and left shoulder.
In his second amended complaint, Bray alleged that CKM negligently supervised its crew and work site, permitted unsafe practices and WISHA violations to exist at the work place, and failed to provide a safe work place for Bray. Following CKM's motion for summary judgment, the court dismissed Bray's claims for negligent supervision and for violating a common law duty to provide a safe work place. The WISHA claims proceeded to trial, and the jury ruled by way of special verdict that (1) CKM retained control of the job site for purposes of the WISHA; (2) CKM failed to comply with WISHA regulations; and (3) CKM's WISHA violations were not a proximate cause of Bray's injuries.
Bray appeals the summary judgment dismissal of his claims for breach of a common law duty and negligent supervision.
DISCUSSION
Summary judgment is available only if the pleadings, depositions, answers to interrogatories, admissions on file, and any affidavits show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. CR 56(c). In reviewing a summary judgment order, we conduct the same inquiry as the trial court and consider all facts and reasonable inferences in the light most favorable to the nonmoving party. Mountain Park Homeowners Ass'n v. Tydings, 125 Wn.2d 337, 341, 883 P.2d 1383 (1994). We review questions of law de novo. Id.
Retained Control Exception to Common Law Non-liability
"'The general rule is that the owner of premises owes to the servant of the independent contractor employed to perform work on his premises the duty to avoid endanger
Page 1 2 3 Washington Personal Injury Attorneys
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