National Fire Insurance Co. of Hartford v. Westgate Construction Co.
District Court, D. Delaware
1Opinion of the Court
LAYTON, District Judge.
This motion for summary judgment raises the question as to whether or not a general contractor-developer can foist off his liability for negligent performance under a building contract upon a subcontractor under a defense that the allegedly negligent work was performed by an independent contractor.
The facts are these. Defendant Long-wood, a contractor-developer, contracted to build for Mr. & Mrs. Jamieson a home in the former’s development known as Westgate Farms. At the signing of the contract, the buyer specified the installation of an additional fireplace and…
2Cases cited23 opinions
- Flint & Walling Manufacturing Co. v. BeckettIndiana Supreme Court · 1906
- Pacific Fire Insurance v. Kenny Boiler & Manufacturing Co.Supreme Court of Minnesota · 1937
- Danby v. Osteopathic Hospital Ass'n of DelawareSupreme Court of Delaware · 1954
- Danby v. Osteopathic Hospital Ass'n of DelawareCourt of Chancery of Delaware · 1953
- Jenkins v. Charleston General Hospital & Training SchoolWest Virginia Supreme Court · 1922
18 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cline v. SawyerWyoming Supreme Court · 1979
- Brooks v. HayesWisconsin Supreme Court · 1986
- Sears, Roebuck and Co. v. Jardel Co., Inc. v. Hirsch, Arkin, Pinehurst, Inc., a Penna. Corp., and Rudolph GuistiCourt of Appeals for the Third Circuit · 1970
- WHITE PASS. CO. v. St. JohnWashington Supreme Court · 1967
- Clear v. PattersonNew Mexico Court of Appeals · 1969
8 more not listed; retrieve them via the Exa API.