Szymanski v. K mart Corp.

Pursuant to the remand order of the Supreme Court vacating our prior decision, we again consider whether the jury verdict in this case can be sustained on a theory of independent negligence.1 We conclude that it cannot, and again reverse.

Plaintiff John M. Szymanski, an employee of Cadillac Window Cleaning Company, was injured when he fell from a scaffold suspended approximately forty feet above the ground while washing *350windows at defendant K mart Corporation’s world headquarters. In our original opinion, we determined that the trial court erred in denying defendant’s motion for a directed…