DeFrates argues that the trial court erred when it found that Clark was not personally liable for DeFrates' on-the-job injuries, because Clark's actions as the hirer of DeFrates's employer, R. G. Clark Construction, Inc. , did not affirmatively contribute to DeFrates's injuries. He contends that Clark is personally responsible for his (DeFrates's) injuries because Clark, in his capacity as the person who hired DeFrates's employer, R. G. Clark Construction, supplied defective safety equipment to the jobsite. In addition, DeFrates describes Clark as not only the owner of the property, but also as the "representative of the employer R. G. Clark Construction. "DeFrates's catalogue of various activities Clark engaged in on the property does not establish that when Clark gave DeFrates safety instructions he did so as an individual, rather than as DeFrates's employer. Thus, even assuming that Clark gave DeFrates safety instructions in his capacity as the hirer of R. G. Clark Construction, Inc. , he was not liable for DeFrates's injuries because there was no affirmative contribution.

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