Plank v. Union Electric Co.

PUDLOWSKI, Judge.

Plaintiff1 appeals a pretrial order for summary judgment against his claim for negligent performance of an undertaking to inspect for safety violations under § 324A(b) of the Restatement (Second) of Torts (1965). We affirm because the facts asserted by plaintiff are insufficient to state a cause of action under § 324A(b).

Plaintiffs accident took place during the construction of Union Electric’s (UE’s) Calla-way nuclear facility. Plaintiff was a worker employed by Daniel, Inc., (Daniel) a major construction contractor. Plaintiff was charged by Daniel with the duty of unloading…