The Pennsylvania Supreme Court refused to apply an "unduly rigid standard" in determining the duty construction managers owe to employees of contractors.
The justices instead "acknowledge that a construction manager's duty is defined by the intent of the contracting parties as reflected by their contractual designation of responsibilities," Justice Max Baer wrote in a workplace fatality case.
"Under the relevant contract language, we conclude that (employer) Trumbull owed a duty of care to decedent based upon its contractual obligation to perform safety inspections and other monitoring fun...
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