Rosario Lostumbo v. Bethlehem Steel, Inc.

HARLINGTON WOOD, Jr., Senior Circuit Judge.

Plaintiff Rosario Lostumbo, during his employment with Nuclear Welding, Inc., worked at a Bethlehem Steel plant in Indiana inspecting welds McGraw Construction Company made while repairing one of the blast furnaces at the plant. Defendant Bethlehem Steel hired McGraw Construction to reline the blast furnace, and their contract provided that McGraw Construction would be responsible for safety at the work site. To facilitate the relining, McGraw Construction erected scaffolding on the several story high blast furnace. The scaffold consisted of wooden…