Olsen v. Taylors Drain and Sewer Service, Inc.

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Olsen v. Taylors Drain and Sewer Service, Inc.

Case Number
A-15-0542
Call Date
April 12, 2016
Case Time
1:30 PM
Case Summary

A-15-542, Olsen v. Taylor's Drain and Sewer Service, Inc., et al.

Lancaster County, District Judge Lori A. Maret

Attorneys for Appellant: Leonard Shefren and Tara Gabrielson, Senior Certified Student (Shefren Law Office, P.C., L.L.O.)

Attorneys for Appellee Manzitto Builders, Inc.: Randall L. Goyette and Stephen J. Schutz (Baylor, Evnen, Curtiss, Grimit & Witt, LLP)

Attorney for Appellee PACAM, LLC: Patrick R. Guinan (Erickson Sederstrom, P.C.)

Civil Action: Negligence

Action Taken by Trial Court: The district court granted summary judgment in favor of appellees, the general contractor and subcontractor, on appellant's negligence claim arising out of an injury he received while working on construction site.

Assignments of Error on Appeal: Appellant assigns that the district court erred in concluding as a matter of law that no genuine issue of material fact exists as to whether (1) general contractor or subcontractor retained control over the work performed by appellant's employer and (2) general contractor or subcontractor breached its nondelegable duty to provide a safe place to work to employees of independent contractors.

Extended Case Summary (for Educational Purposes):
A-15-542, Olsen v. Taylor's Drain and Sewer Service, Inc., et al.

Lancaster County, District Judge Lori A. Maret

Attorneys for Appellant, Olsen: Leonard Shefren and Tara Gabrielson, Senior Certified Student (Shefren Law Office, P.C., L.L.O.)

Attorneys for Appellee, Manzitto Builders, Inc.: Randall L. Goyette and Stephen J. Schutz (Baylor, Evnen, Curtiss, Grimit & Witt, LLP)

Attorney for Appellee, Patriot Plumbing, Heating & Air Conditioning: Patrick R. Guinan (Erickson Sederstrom, P.C.)

Civil Action: Negligence

Summary of Facts: Manzitto Builders, Inc. (Manzitto), is a residential construction company in Lincoln, Nebraska. Manzitto hired Patriot Plumbing, Heating & Air Conditioning (Patriot), to perform plumbing work. Patriot then hired Taylor's Drain and Sewer Service, Inc. (Taylor's), to perform a portion of the plumbing work by connecting water and sewer lines to city utilities. Taylor's began the work, which required digging a trench that was approximately 8 to 10 feet deep. Olsen, who is one of Taylor's employees, was injured when one of the walls of the trench collapsed, burying him up to his neck in dirt. Olsen sued Manzitto and Patriot, seeking to recover damages for his injuries on the theory that Manzitto or Patriot either (1) retained control over Taylor's work and was negligent in exercising that control or (2) failed to provide a safe premises to work for Taylor's employees.

Action Taken by Trial Court: Manzitto and Patriot filed motions for summary judgment. The trial court concluded as a matter of law that there were no genuine issues of material fact and granted summary judgment in favor of Manzitto and Patriot, reasoning, in part, that neither Manzitto nor Patriot (1) retained sufficient control over Taylor's work to give rise to a duty to Taylor's employees, or (2) caused Olsen's injuries by failing to provide a safe place to work.

Assignments of Error on Appeal: Olsen argues that the trial court erred in concluding as a matter of law that no genuine issue of material fact exists as to whether (1) Manzitto or Patriot retained control over Taylor's work and (2) Manzitto or Patriot breached its duty to provide Taylor's employees with a safe place to work.

Case Location
Peru
Panel Text
Moore, Chief Judge, Irwin, and Bishop, Judges