Wood v. Smith

I concur in the decision to reverse and remand for a new trial. However, I would rest the granting of a new trial solely on the refusal of the trial court, upon request, to instruct the jury on the significance of the OSHA regulations which had been introduced into evidence. I find no other error.

As a general rule, “[a]n independent contractor is in possession of the necessary area occupied by the work contemplated under the contract and his responsibility replaces that of the owner who is, during the performance of the work by the contractor, out of possession and without control over the…