Legal Opinion

Begaye v. BIG D CONSTRUCTION CORP.

Utah Supreme Court

Decided January 25, 2008No. 20060572PublishedCited by 13 opinions

1Opinion of the Court

WILKINS, Associate Chief Justice:

INTRODUCTION

¶ 1 Marlene Begaye appeals the district court’s grant of summary judgment in favor of Big D Construction Company (“Big D”). We conclude that Big D does not fall within the purview of the retained control doctrine because it did not exercise sufficient control over the method and manner of the injury-causing aspect of the work that caused Michael Begaye’s death. Accordingly, we affirm.

BACKGROUND

¶ 2 In 2003, Big D was hired as the general contractor on a large construction project (the “project”) at the University of Utah. In addition to managing the…

2Cases cited6 opinions

  1. Waddoups v. Amalgamated Sugar Co.Utah Supreme Court · 2002
  2. Martens v. MCL Construction Corp.Appellate Court of Illinois · 2004
  3. Lewis v. N.J. Riebe Enterprises, Inc.Arizona Supreme Court · 1992
  4. Thompson v. JessUtah Supreme Court · 1999
  5. Dayton v. FreeUtah Supreme Court · 1914

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Magana v. Dave Roth ConstructionUtah Supreme Court · 2009
  2. Newman v. White Water WhirlpoolUtah Supreme Court · 2008
  3. Gonzalez v. Russell Sorensen ConstructionCourt of Appeals of Utah · 2012
  4. Linebaugh v. GibsonCourt of Appeals of Utah · 2020
  5. Young v. Fire Insurance ExchangeCourt of Appeals of Utah · 2008

8 more not listed; retrieve them via the Exa API.

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