Benesh v. New Era, Inc.

Defendant, New Era, Inc., appeals from a judgment of the circuit court of St. Clair County, entered November 8, 1989, following a bench trial, finding defendant hable for certain damage done to the property of plaintiff, Steven Benesh, while defendant’s premises were being painted by an independent painting company, Bess Painting Company, hired by defendant. We will set forth the facts only as they are pertinent to this appeal.

The parties agree that Bess Painting Company (hereinafter Bess) was an independent contractor hired by defendant to paint the exterior of defendant’s building, and that…