Fisher v. Crippen

Plaintiff, Donald Fisher, sued defendant, William Crippen, alleging a violation of the Structural Work Act in one count and negligence in a second count. The court granted defendant’s motion for summary judgment on both counts. Plaintiff has appealed claiming genuine issues of material fact remained on both counts and that defendant was not entitled to judgment as a matter of law.

The following facts were found in the depositions and affidavits filed in the trial court. Defendant was building his own home, one which he had designed. A power company pole stood at each front corner of the lot,…