Legal Opinion · Dissent

David Allen Co. v. Benton

Supreme Court of Georgia

Decided November 21, 1990No. S90G0427Published

1DissentWeltner, Justice

1. We ought not to overrule Powell v. Ledbetter Bros., 251 Ga. 649 (307 SE2d 663) (1983), without good reason. There we held:

There are well recognized exceptions to the general rule of non-liability of contractors who execute plans furnished by others. One such exception is that the contractor is liable where the work is inherently dangerous to third parties. [Id. at 651.]

2. This exception incorporates well-established judicial precepts:(a) The general rule is well established that an independent contractor is not liable for injuries to a third person, occurring after the contractor has…

2Cases cited4 opinions

  1. Young v. Smith & Kelly Co.Supreme Court of Georgia · 1905
  2. Powell v. Ledbetter Bros.Supreme Court of Georgia · 1983
  3. Shetter v. Davis Bros.Court of Appeals of Georgia · 1982
  4. Berry v. CordellCourt of Appeals of Georgia · 1969

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