In the case of Kruthaup v. Schoen Builders, L.L.C., 2023-Ohio-2090, an appellate court held that summary judgment was inappropriate when there was an issue of material facts regarding the level of exclusive control that a construction company has on a construction site.
In this case, the subcontractor argued that the construction site, specifically the authority to construct a temporary guardrail was under the exclusive control of the construction company. In response, the construction company argued that the lack of a guardrail was open and obvious and the subcontractor had the authority to install a guardrail without the construction company. The appellate court agreed with the subcontractor.
In support of its decision in favor of the subcontractor, the appellate court explained that there was conflicting testimony whether the subcontractor would need to ask permission from the construction company before constructing a guardrail which created a genuine issue of material facts.
To read this case, click here.
NOTE: This case opinion was solely based on whether summary judgment was properly granted at the trial court level. The final outcome of the case could be drastically different.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.