Kirk v. Kemp Bros.

Opinion

COUGHLIN, J.

Plaintiff, an employee of a subcontractor on a construction project, appeals from a judgment of nonsuit in an action against defendant, the general contractor, to recover damages for injuries sustained in the course of his employment allegedly caused by the unsafe condition of the place of employment.

The issue is whether defendant owed plaintiff a nondelegable duty, either common law, statutory, or both, to provide plaintiff with a safe place of employment.

The facts in the case will be stated in accord with the rule, applicable to nonsuits, each fact and inference in favor…