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Grover v. Cornerstone Construction N.W.6/8/2004
Submitted on Briefs: April 24, 2003
Glen Grover (Grover), a carpenter, sustained injuries when he fell from the roof of a house on which he was working. The house under construction was owned by Michael and Ruth Crenshaw (the Crenshaws). In addition to filing a workers' compensation claim, Grover sued the Crenshaws and Cornerstone Construction for negligently failing to provide a safe workplace. Section 50-71-201, MCA. The Crenshaws and Cornerstone each filed a Motion in Limine requesting that Grover be prohibited from introducing safety standards established under the Occupational Safety and Health Act (OSHA or the Act). The Motions were granted. Grover and the Crenshaws subsequently settled. Following a jury trial and defense verdict for Cornerstone, Grover appeals, challenging the entry of the Order in Limine . We affirm.
ISSUE
The only issue before this Court is whether the District Court abused its discretion in granting Cornerstone's Motion in Limine prohibiting Grover from introducing at trial OSHA safety standards as evidence of Cornerstone's alleged negligence.
FACTUAL AND PROCEDURAL BACKGROUND
In the spring of 1996, the Crenshaws began planning their new home along Flathead Lake. After having plans drawn and obtaining the necessary building permits, they asked their brother-in-law, Stephen Tartaglino, who was married to Ruth Crenshaw's sister, to act as "general contractor" over the project. The three of them entered into a written contract on May 29, 1996.
Tartaglino had worked in the construction industry for much of his adult life, but for a few years prior to this time, in addition to construction work, he also had worked as a licensed paramedic and emergency medical technician (EMT) in New England. Upon returning to Montana in August 1995, he was unable to secure an EMT/paramedic position in Kalispell, so he began working as a building contractor again. He was working for a contractor in Kalispell when the Crenshaws approached him about helping in the construction of their house.
Prior to beginning work on the Crenshaw home, Tartaglino established a sole proprietorship, Cornerstone Construction, N.W., and obtained the necessary licenses, insurance and bonding. In January 1997, a few months after the accident giving rise to this case, Tartaglino incorporated Cornerstone. Because Cornerstone was owned exclusively by Tartaglino at the time of Grover's injury, we will use "Tartaglino" and "Cornerstone" interchangeably in this Opinion.
Tartaglino had only a few small tools when he began assisting the Crenshaws in July 1996, having left his large construction tools in New England. The Crenshaws provided various tools for use on the construction site and over the course of their home-building project, they purchased other needed tools and equipment which Tartaglino agreed to purchase from them.
Because Cornerstone had no employees, the Crenshaws contracted with Labor Contractors of Kalispell (Labor Contractors) to provide laborers for the building project. The Crenshaws prepaid Labor Contractors a substantial sum from which Labor Contractors would in turn pay the wages, taxes, and workers' compensation premiums for the laborers it "loaned" to Crenshaws. Grover was employed as a carpenter by Labor Contractors and was one of the workers "loaned" to the Crenshaws. On September 3, 1996, Grover fell from the roof of the Crenshaw home and sustained injury.
In addition to filing a workers' compensation claim, Grover filed suit against the Crenshaws and Cornerstone in July 1998, alleging that they negligently failed to provide a reasonably safe place to work. Sect
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