Michael Ryan v. TCI Architects/Engineers/Contractors, Inc. and BMH Enterprises, Inc., d/b/a Craft Mechanical

On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-1508-CT-1198

David, Justice.

1 At issue is whether a general contractor assumed a non-delegable duty of care to keep a worksite safe when it executed the contract in question. Guided by the contract’s plain language and looking at the contract as a whole, we find the contract demonstrates the general contractor’s intent to assume a duty of care. Thus, we: 1) reverse the trial court’s grant of partial summary judgment for defendant; 2) grant the plaintiffs motion for partial summary judgment on the issue of duty; and 3) remand…