In Lederer v. Executive Construction, Inc., the plaintiff, a drywall taper, filed suit under a construction negligence theory against the general contractor, Executive Construction, Inc., alleging that he was injured when he tripped and fell while walking on stilts. The plaintiff allegedly sustained permanent injuries.
Franco Moroney Buenik, on behalf of Executive Construction, filed for summary judgment on the basis that Executive Construction did not owe a duty of care under § 414 of the Restatement (Second) of Torts, because it did not control the operative details or incidental aspects of the subcontractor’s work. The trial court agreed finding that the mere retention of a right to inspect the work, stop the work, and order corrections to the work was insufficient to impose vicarious liability.