Frost v. Dayton Power and Light Company

I must respectfully dissent from the judgment of my colleagues.

Dayton Power and Light Company (hereinafter “DP&L”) employed Enerfab, Inc. (“Enerfab”) to update an igniter system on a boiler at one of its power plants. In order to update this system, Enerfab had to remove piping and conduit used with the old system, then install replacement piping and conduit for the new system. Enerfab had completed this project and vacated the premises at the time DP&L employed Kessinger Services Industries (“KSI”) to paint this new piping, in an effort to color-code the new pipes according to function.…