Holmes v. Clear Channel Outdoor, Inc.

BARNES, Chief Judge.

Fred Holmes sued Clear Channel Outdoor, Inc. for damages related to injuries he sustained when he fell from a broken catwalk on Clear Channel’s billboard. The trial court granted Clear Channel’s motion for summary judgment, finding that Holmes had waived his right to recover from the company. Upon review of the parties’ contract, we conclude that Holmes did not waive his right to recover against Clear Channel for its own negligence under all circumstances, and thus we reverse.

Holmes was an experienced bill-poster who signed an independent contractor agreement with Eller…