Pya/Monarch, Inc. v. Higley

Andrews, Judge.

In this interlocutory appeal, defendants PYA/Monarch, Inc. (“Monarch”), a food shipping business, and H. E. Hennigh, Inc. (“Hennigh”), an independent construction contractor, challenge the denial of their separate motions for summary judgment.

The underlying cause of action arose after a large, galvanized fence post being installed on Monarch’s property fell on plaintiff Edward Higley’s head while he was making a delivery to Monarch. It is undisputed that Monarch contracted with defendant Hennigh to make certain improvements to its property. The contract stated that Hennigh…