Clark v. Dalman

Plaintiff is here on leave granted from the Court of Appeals’ affirmation of the trial court’s grant of a directed verdict in favor of defendant under both counts of a negligence complaint.

Defendant Grlen Dalman entered into a contract with the city of Otsego to repair, clean, and paint a 150,000-gallon elevated water storage tank owned by the city. The consulting engineering firm of Williams. & Works prepared all the specifications for the contract, was designated as engineer in the contract, and had complete charge of all inspections. The contract divided the work to be done into various…