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Broome v. Byrd11/8/1991
--plsfield:text-->or "collateral", however, presents a question of material fact.
Before this issue can be resolved, however, the threshold question of whether the independent contractor was negligent in his placement of the drop cloth must first be addressed. If this question is answered affirmatively, the fact finder next must consider whether defendant, in light of the duty discussed in this opinion, was vicariously liable. The final factual issue to be determined is the amount, if any, of comparative fault to be assessed against plaintiff. These outstanding factual issues negate the viability of the order of summary judgment in this case.
We therefore reverse the trial court's summary judgment in defendant's favor, order that plaintiff's claim against defendant be reinstated, and remand for further proceedings not inconsistent with this opinion. Plaintiff is awarded her costs on appeal.
IT IS SO ORDERED.
DONNELLY and BLACK, JJ., concur.
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