Gerken v. Hawkins Construction Co.

Irene Gerken and Timothy Gerken alleged that Hawkins Construction Company, by its contract with the city of Omaha, had expressly agreed to “provide all safeguards, safety devices and protective equipment and make any other needed actions . . . reasonably and necessary to protect. . . the safety of the public.” Notwithstanding that contractual obligation, Hawkins supplied no personnel to look after the construction site at the completion of a workday. Also, Hawkins failed to fence the area of the construction site where the bulldozer was kept, although the site was located within a residential…