Legal Opinion

Helms v. Carmel High School Vocational Building Trades Corp.

Indiana Supreme Court

Decided September 27, 2006No. 29S04-0609-CV-341PublishedCited by 23 opinions

1Opinion of the Court

BOEHM, Justice.

David Helms, Jr., was injured while working as an employee of a subcontractor on a residential construction project. Un der Bagley v. Insight Communications Co., 658 N.E.2d 584 (Ind.1995), a principal (the general contractor) is not liable for the negligence of an independent contractor (the sub) unless one of five exceptions applies. As stated in Bagley these are(1) where the contract requires the performance of intrinsically dangerous work;(2) where the principal is by law or contract charged with performing the specific duty;(3) where the act will create a nuisance;(4) where…

2Cases cited3 opinions

  1. Bagley v. Insight Communications Co., LPIndiana Supreme Court · 1995
  2. PSI Energy, Inc. v. RobertsIndiana Supreme Court · 2005
  3. Helms v. Carmel High School Vocational Building Trades Corp.Indiana Court of Appeals · 2006

3Cited by23 opinions

  1. Michael Ryan v. TCI Architects/Engineers/Contractors, Inc. and BMH Enterprises, Inc., d/b/a Craft MechanicalIndiana Supreme Court · 2017
  2. Stumpf v. Hagerman Construction Corp.Indiana Court of Appeals · 2007
  3. Illinois Bulk Carrier, Inc. v. Jackson Ex Rel. JacksonIndiana Court of Appeals · 2009
  4. Dennerline v. AtterholtIndiana Court of Appeals · 2008
  5. Robert Fechtman, as Guardian of the Estate of Roberto Hernandez v. United States Steel Corporation, Zurich North AmericaIndiana Court of Appeals · 2013

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