Cardin v. Telfair Acres of Lowndes County, Inc.

Birdsong, Judge.

Donald and Sylvia Cardin sued Telfair Acres of Lowndes County, Inc., d/b/a Killeen Construction Company (Killeen) for the wrongful death of their 21-year-old son, Donald Todd Cardin. Mr. Cardin died in the collapse of a sewer trench which was not properly shored and sloped in compliance with OSHA regulations. Plaintiffs brought civil action against Killeen as a third-party independent contractor. Killeen defended by saying it was not an independent contractor but only rented an excavator and supplied a worker to Mr. Cardin’s actual employer, Altman Construction Company; and…