Legal Opinion

Kostrzewa v. Suffolk Construction Co.

Massachusetts Appeals Court

Decided December 18, 2008No. 07-P-1450PublishedCited by 6 opinions

1Opinion of the CourtWolohojian, J.

Jaroslaw Kostrzewa was injured when the scaffolding on which he was working fell.2 Kostrzewa, who was employed by Superior Abatement, Inc. (Superior), brought this *378suit against Suffolk Construction Company, Inc. (Suffolk), alleging negligent supervision.8 Suffolk was the general contractor on the project; Superior was a sub-subcontractor. Summary judgment was granted in favor of Suffolk on the ground that, as a matter of law, Suffolk had not exercised sufficient control over Superior’s work to owe a duty to Kostrzewa. For the reasons set out below, we reverse.

Background. Suffolk was the…

2Cases cited4 opinions

  1. Augat, Inc. v. Liberty Mutual InsuranceMassachusetts Supreme Judicial Court · 1991
  2. Corsetti v. Stone Co.Massachusetts Supreme Judicial Court · 1985
  3. Michael J. Foley v. Rust InternationalCourt of Appeals for the First Circuit · 1990
  4. Dilaveris v. W.T. Rich Co.Massachusetts Supreme Judicial Court · 1996

3Cited by6 opinions

  1. United States Liability Insurance v. Benchmark Construction Services, Inc.Court of Appeals for the First Circuit · 2015
  2. Joseph v. Hess Oil Virgin Islands Corp.Supreme Court of The Virgin Islands · 2011
  3. Lopez v. Equity Office Management, LLCDistrict Court, D. Massachusetts · 2009
  4. Yepes v. C.H. Newton Builders, Inc.Massachusetts Superior Court · 2014
  5. Frost v. Suffolk Construction Company, Inc.District Court, D. Massachusetts · 2021

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