Pietuszka & Gallucio Builders, Inc. v. McTaggart Ex Rel. McTaggart

DUFFY, Justice:

In this personal injury action, defendants appeal from an order of the Superior Court denying their motions for summary judgment.

I

Judith McTaggart, a six-year-old child, was injured when she fell from a mound of earth fifteen feet high formed by Ker-shaw Excavating Co. (Kershaw) under a contract with Pietuszka and Galludo Builders, Inc. (P & G), the owner and general contractor for development of the land. The Superior Court refused to grant summary judgment to P & G on either plaintiffs’ claim based on negligence or on P & G’s own claim against Kershaw based on an indemnity…