General Electric Co. v. Moritz

in which Justice HECHT, Justice WAINWRIGHT, Justice MEDINA, and Justice WILLETT joined.

Must a landowner warn an independent contractor’s employees of obvious hazards they already know about? Four times in the last ten years this Court has said the answer is “No.”1 The plaintiff in this case argues that all these cases are wrong because his knowledge of the hazard is simply a factor the jury should consider in assessing comparative negligence. We agree the jury alone can decide whether he was negligent, but disagree that a jury can decide what legal duties landowners owe to independent…