Funk v. General Motors Corp.

Ellis Funk, a journeyman plumber, was seriously injured on a plant construction job. He recovered workmen’s compensation benefits from his employer, Ben Agree Company, a plumbing subcontractor.

In this action, a jury returned a verdict for Funk against the general contractor, Darin & Armstrong, and the owner of the plant, General Motors Corporation, whom Funk contends are liable as third-party tortfeasors for his injuries.

The Court of Appeals granted the defendants a judgment notwithstanding the verdict holding that Funk had himself created the dangerous condition which was the immediate cause…