Smith v. Dewitt and Associates, Inc.

DON E. BURRELL, Presiding Judge.

Barry Smith (“Plaintiff”) was injured by falling from a third-floor construction platform when a guardrail gave way. Plaintiff alleged in his petition that the guardrail failed because it had been taken down and re-installed multiple times, using the same nail holes. Plaintiff averred that this had caused the guardrail to become loose and that this was not apparent to someone using the platform. Plaintiff brought his suit against the general contractor and several subcontractors, including Herrman Lumber Company — Branson, Inc. (“Herr-man”), alleging both…