David Allen Co. v. Benton

Benham, Justice.

Benton was injured when she tripped on a loose brick “paver” in a sidewalk constructed by David Allen Company, Inc. (hereinafter “DAC”) as a subcontractor pursuant to plans provided by the general contractor. She sued DAC and the general contractor, alleging as to DAC that it was negligent in failing to cement the pavers in place and that the sidewalk was imminently and inherently dangerous and a nuisance per se. On the strength of evidence showing without contradiction that DAC constructed the sidewalk in strict accordance with plans supplied to it, that it had no control…