Carl Wren and Frances Marie Wren, Cross-Appellees v. Sullivan Electric, Inc., Cross-Appellant

MERRITT, Circuit Judge.

This is a Tennessee diversity action by a construction worker for personal injury against a subcontractor not his employer. The plaintiff, Carl Wren, was the employee of a plaster subcontractor at a construction site for which defendant Sullivan Electric was the electrical subcontractor. Allegedly as a result of substandard lighting, Wren fell into an open elevator shaft and was seriously injured. The primary questions presented are whether plaintiff belonged to the class protected by the applicable state and federal safety statutes and regulations; whether under the…