Summary Judgment Obtained on Behalf of Municipality, General Contractor, and Hiring Contractor

April 2007

Dan Kirk, Dave Flynn and Matt Byrne obtained summary judgment in favor of a municipality, the general contractor, and the hiring contractor in a suit alleging failure to maintain a safe workplace.

The plaintiff, a union pipefitter, claimed that he was injured while installing overhead pipe in a government building.  Plaintiff alleged that the defendants owed the plaintiff a duty to keep a safe workplace and violated that duty.  Judge Marcia Maras granted summary judgment in favor of all defendants on all counts finding that the defendants did not owe the plaintiff a duty under common law or the Restatement of Torts 343 or 414 and that they did not violate any duty to the plaintiff.