Lemacher v. Circle Const. Co., Inc.

The plaintiff was injured at work when an improperly supported scaffold gave way. The scaffold was owned and erected by his employer, the subcontractor on the job. For such work-related injury he was entitled to workmen’s compensation benefits from such immediate employer. This case is not his claim for these benefits. Rather it is a third-party action in tort against the general contractor as an “owner” and “employer” under the safe-place statute.

The jury found the general contractor negligent, but also found such negligence not to have been causal. It apportioned causal negligence only…