Baker Sterchi prevails on appeal
The Eastern District of Missouri affirmed judgment in favor of subcontractor in a negligence claim brought by an employee of another subcontractor working on a Washington University project. Plaintiff claimed the subcontractor negligently dug a plumbing trench and left it un-barricaded and un-flagged. Plaintiff slipped into the trench when he stepped on its edge while constructing a brick wall for a fellow subcontractor resulting in a torn rotator cuff, leaving him permanently disabled. The court found the trench was an “open and obvious” condition and Defendant had a right to expect other contractors and their employees would use ordinary care, perception and intelligence to protect themselves from the danger. Plaintiff additionally attempted to raise new theories of liability on appeal, but the Court summarily rejected them as they were not raised before the trial court. Ultimately, there is no duty to warn or protect another from a condition that is open and obvious as a matter of law, even on a construction jobsite.
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