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Case Name | Bison Builders Inc. v. Thyssenkrupp Elevator Corp. | |
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Date | 09/05/2012 | |
Note | A general contractor is liable for its negligent control of a job site that contributed to a worker's spinal cord injury. | |
Citation | A131622, A131623 | |
WCC Citation | WCC 39302012 CA |
BISON BUILDERS INC. v. THYSSENKRUPP ELEVATOR CORPORATION BISON BUILDERS, INC. , Cross-Complainant and Appellant, v. THYSSENKRUPP ELEVATOR CORPORATION, Cross-Defendant and Respondent. Thyssen was a subcontractor for appellant general contractor Bison Builders, Inc. (Bison) in the construction of a hotel. Bison responded to the proposal with a 15-page form subcontract agreement entitled "Bison Builders, Inc. Subcontract Agreement," dated March 30, 2006. The trial court's instruction on retained control read as follows: "David Travis claims that he was damaged by an unsafe condition while employed by ThyssenKrupp Elevator Corporation and working on Bison Builders, Incorporated's property. To establish this claim, David Travis must prove all of the following: [¶] 1, that Bison Builders, Incorporated controlled the property; 2, that Bison Builders, Incorporated retained control over safety conditions at the work site; 3, that Bison Builders, Incorporated negligently exercised its retained control over safety conditions; 4, that David Travis was damaged; 5, that Bison Builders, Incorporated affirmatively contributed to David Travis' damage.
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