Beaver v. Oakley

Opinion of the Court by

Chief Justice MINTON.

We accepted discretionary review to decide whether a construction manager or its project superintendent must have a written contract with the injured worker’s direct employer in order to be considered a contractor and qualify for up-the-ladder immunity 1 from tort liability for the worker’s work-related injury claim. We hold that a formal written contract between the injured worker’s direct employer and the alleged tortfeasor is not essential to establish up-the-ladder immunity from tort claims. This holding reaffirms and conforms to long-standing…