Raboin v. North American Industries, Inc.

749 A.2d 89, 57 Conn. App. 535, 2000 Conn. App. LEXIS 191
CourtConnecticut Appellate Court
DecidedMay 2, 2000
DocketAC 19021
StatusPublished
Cited by18 cases

This text of 749 A.2d 89 (Raboin v. North American Industries, Inc.) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Raboin v. North American Industries, Inc., 749 A.2d 89, 57 Conn. App. 535, 2000 Conn. App. LEXIS 191 (Colo. Ct. App. 2000).

Opinion

Opinion

MIHALAKOS, J.

The plaintiff, Robert Raboin, appeals from the summary judgment rendered in favor of the defendant General Signal Coiporation (General Signal). On appeal, the plaintiff claims that the trial court improperly granted General Signal’s motion for summary judgment because there are genuine issues of material fact in dispute. We agree and reverse the judgment of the trial court.

The following facts are relevant to our resolution of this appeal. The plaintiff alleges, in his complaint, that General Signal owned a foundry building in the Terryville section of Plymouth. In the summer of 1993, General Signal hired several independent contractors to perform various renovations on the foundry building. The plaintiffs business, Handling Resources, Inc., also was hired to work on the renovations to the foundry.

On August 24, 1993, the plaintiff suffered injuries as a result of an electric shock while working in General Signal’s building. While attempting to leave the premises, the plaintiff walked around a portable lift that was owned by General Signal and was being used by employees of the named defendant, North American Industries, Inc. (North American). The plaintiff was shocked when he came in contact with the lift and a metal stair railing beside the lift. Prior to these events, Juan Mata, an employee of North American, received an electric shock when he came in contact with the lift and metal stair railing. As a result of Mata’s minor shock, North American summoned employees of General Sig[537]*537nal to investigate the cause of the shock. General Signal employees investigated and were not able to determine the source of the shock.

A subsequent investigation of the accident by General Signal revealed that a badly frayed extension cord, which was being used by a North American employee, had caused the lift and stair railing to become electrified. In 1995, the plaintiff filed a complaint against both North American and General Signal, alleging that his injuries were caused by the negligence of General Signal, its agents and employees. On July 13, 1998, after more than three years of discovery, General Signal moved for summary judgment. General Signal argued that it owed no duty to the plaintiff to protect him from the alleged negligence of the codefendant, North American. The trial court granted General Signal’s motion for summary judgment on November 2, 1998.1 The plaintiff claims that the court improperly granted General Signal’s motion for summary judgment.

The dispositive issue for this court to decide in this appeal is whether there exists a genuine issue of material fact regarding General Signal’s duty to the plaintiff and if a breach of this duty caused the plaintiffs injuries. We conclude that there is a genuine issue of material fact.

Our review of a trial court’s rendering of summary judgment takes place within certain defined parameters. This court has held that “[o]n appeal . . . the burden is on the opposing party to demonstrate that the trial court’s decision to grant the movant’s summary judgment motion was clearly erroneous. 2830 Whitney Avenue Corp. v. Heritage Canal Development Associates, Inc., 33 Conn. App. 563, 567, 636 A.2d 1377 (1994).” (Internal quotation marks omitted.) Crystal Lake Clean [538]*538Water Preservation Assn. v. Ellington, 53 Conn. App. 142, 147, 728 A.2d 1145, cert. denied, 250 Conn. 920, 738 A.2d 654 (1999). It is appropriate to render summary judgment only where there is no genuine issue of material fact. “Summary judgment should be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. ... In passing on the defendant’s motion for summary judgment the trial court was limited to deciding whether an issue of fact existed, but it could not try that issue if it did exist.” (Citation omitted; internal quotation marks omitted.) Dougherty v. Graham, 161 Conn. 248, 250, 287 A.2d 382 (1971).

“In deciding a motion for summary judgment, the trial court must view the evidence in the light most favorable to the nonmoving party.” Citicorp Mortgage, Inc. v. Porto, 41 Conn. App. 598, 601, 677 A.2d 10 (1996). Simply, the granting of summary judgment is appropriate only “if a fair and reasonable person could conclude only one way.” Miller v. United Technologies Corp., 233 Conn. 732, 751, 660 A.2d 810 (1995). Summary judgment was improperly rendered in the present case because the question of duty involves elements of both fact and law.

The plaintiff claims that the trial court improperly granted summary judgment on the basis of the defendant’s assertion that it did not owe the plaintiff a duty of care. We agree. General Signal incorrectly relies on Douglass v. Peck & Lines Co., 89 Conn. 622, 95 A. 22 (1915). In Douglass, our Supreme Court held that a contractee or proprietor is not liable for injuries caused by an independent contractor to another person. Id., 627. Douglass does not, however, act as a general grant of immunity to employers. An employer owes a duty of care to business invitees such as independent con[539]*539tractors. “Ordinarily, an employer of an independent contractor, absent an act of negligence on his own part, is not liable to others for the negligent acts of the contractor. [Id.] There are, however, several exceptions to the nonliability rule. For example, where the employer retains control of the premises or supervises the work of the contractor, or where the work to be performed by the contractor is inherently dangerous, or where the employer has a nondelegable duty to take safety precautions imposed by statute or regulation, the employer may be vicariously liable to others for the negligent acts of the independent contractor.” Ray v. Schneider, 16 Conn. App. 660, 663-64, 548 A.2d 461, cert. denied, 209 Conn. 822, 551 A.2d 756 (1988). The first exception to the nonliability rule applies to the current situation because in inspecting the foundiy, General Signal retained control of the premises.2 The trial court improperly assumed that the inspection by General Signal was reasonable on the basis of the erroneous conclusion that General Signal did not owe the plaintiff a duty to provide a safe working environment. A genuine issue of material fact exists as to whether the inspection was reasonable given General Signal’s assumption of control over the foundry area where the independent contractors were working.

General Signal was informed of the shock and accepted the obligation of inspecting the foundry. General Signal therefore assumed the duty to inspect with reasonable care to prevent an injury by electric shock.

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Bluebook (online)
749 A.2d 89, 57 Conn. App. 535, 2000 Conn. App. LEXIS 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raboin-v-north-american-industries-inc-connappct-2000.