Bieruta v. Klein Creek Corp.

The plaintiff, John Bieruta, was injured at work on May 29, 1996, when he fell into an open trench. He filed a complaint at law on January 21, 1998, against R.A. Faganel Builders, Inc., Savoy-Faganel, Inc., and R. Russell Builders, Inc. On March 23, 1998, Bieruta amended his complaint to add Klein Creek Corporation (Klein Creek) as a party defendant. Savoy-Faganel, Inc., was voluntarily dismissed on August 19, 1998, and R.A. Faganel and R. Russell Builders, Inc., were voluntarily dismissed on November 17, 1999. Klein Creek is the sole defendant remaining in this action. On March 7, 2001,…