 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Didier v. Ash Grove Cement Co.9/20/2005
(Not Designated for Permanent Publication)
Carlson, Moore, and Cassel, Judges.
I. INTRODUCTION
Darryl Didier filed suit in the district court for Cass County against Ash Grove Cement Company (Ash Grove), seeking damages for injuries he incurred after falling from the roof of a building located on Ash Grove's Louisville, Nebraska, premises. Electric Company of Omaha (ECO), Didier's employer, was hired by Ash Grove to perform certain work at the Louisville site. ECO was named as a "Third-Party Plaintiff" in the suit in order to protect ECO's interests relative to Didier's workers' compensation claim. Didier and ECO appeal from the order of the district court granting summary judgment in Ash Grove's favor. Because its interests are aligned with those of Didier, ECO did not file a separate brief and waived its right to present oral argument in this matter. See Neb. Ct. R. of Prac. 11E(4) (rev. 2000). Didier raises issues concerning Ash Grove's control of the premises and the work to be performed by ECO, whether Ash Grove breached any non-delegable duties, and the district court's consideration of certain evidence. Because we conclude that Didier met his burden of producing evidence to rebut Ash Grove's case for summary judgment on the issue of which regulatory agency had jurisdiction over Ash Grove, we reverse the district court's grant of summary judgment in this regard and remand the cause for further proceedings.
II. BACKGROUND
This action arises out of injuries sustained by Didier on March 19, 1997, on the site of Ash Grove's Louisville facility. At the time of his injuries, Didier was employed by ECO, an independent contractor retained by Ash Grove to relocate a cable tray. The cable tray was accessed from the flat roof of the building from which Didier fell. Didier fell off the flat roof while he was walking backward carrying cable when the cable was moved in his direction. The fall occurred during the first morning on the job after approximately 15 minutes of work. Didier was not wearing any "fall protection" equipment at the time of his accident. Didier fell nearly 20 feet to the ground, landing on a concrete surface and fracturing many bones throughout his body. Since the accident, Didier has undergone multiple surgeries and has incurred significant medical and hospital expenses.
Didier filed a petition on March 5, 2001, bringing a negligence action against Ash Grove and naming ECO as a "Third-Party Plaintiff." Didier alleged that on March 19, 1997, he fell from the top of a building on the Ash Grove premises and suffered serious personal injuries because of his fall. Didier alleged that a proximate cause of his fall was Ash Grove's negligence in (1) failing to provide a reasonably safe place to work, (2) failing to have handrails or other safety devices on the roof, (3) failing to warn Didier of the dangers, (4) designing the building in such a manner as to not allow the work Didier was engaged in to be performed in a safe manner, (5) failing to have a safety net in place on the ground, and (6) failing to exercise reasonable care in supervising ECO with respect to the use of safety equipment. Didier alleged that Ash Grove breached a duty to maintain the roof of the building from which he fell in a reasonably safe condition and that Ash Grove breached its non-delegable duty to provide a safe workplace for Didier. Didier alleged that the U.S. Department of Labor had rules and regulations in effect that were applicable to Ash Grove and that Ash Grove had a plant, mine, and mill at its Louisville facility. Didier further alleged that Ash Grove was, at all times, acting as a general contractor and retained control over the work of Didier
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Nebraska Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|