Michael Ryan v. TCI Architects/Engineers/Contractors, Inc. and BMH Enterprises, Inc., d/b/a Craft Mechanical

[23] I respectfully dissent from the majority’s conclusion that “the TCI contract does not impose a duty of care toward the employees of TCI’s subcontractors because the contract terms do not ‘go beyond requiring that [TCI] merely supervise the work of its employees and subcontractors[.]’ ” Op. p. 346. The majority’s decision is based on an analysis of the contrac*347tual language and its close resemblance to Helms, which, in turn, distinguishes it from Stumpf, Capitol, Perryman, and Harris.

[24] By analogizing to Helms and distinguishing from Stumpf, the majority elevates form over substance in…