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Bowles v. Weld Tire & Wheel2/20/2001
l did not involve some peculiar risk of physical harm, and Mr. Bowles's injuries did not arise as a direct result of the nature of the work. Instead, Mr. Auen created a new risk, not intrinsic in the work of painting an enclosed stairwell, when he decided to use a gasoline-powered power washer to remove old paint and dirt from the stairwell walls without providing for proper ventilation of the carbon monoxide fumes. Mr. Auen's negligence consisted solely of the improper manner in which he did the work. And Weld was not required to anticipate this collateral negligence. Exposure to carbon monoxide is not a special hazard intrinsic to the work of painting an enclosed stairwell that should have been anticipated by Weld. That Mr. Auen had previously used a gasoline-powered power washer to prepare exterior walls of Weld's buildings did not give rise to a finding that Weld should have contemplated that Mr. Auen would employ the same power washer in the enclosed stairwell without proper ventilation. Because the painting of an enclosed stairwell was not an inherently dangerous activity, Weld was not vicariously liable for the injuries Mr. Bowles sustained resulting from his exposure to carbon monoxide. The trial court, therefore, did not err in entering summary judgment in favor of Weld.
The judgment of the trial court is affirmed.
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