Hunt Construction Group, Inc. v. Garrett
2010 Ind. App. LEXIS 2369
| Ind. Ct. App. | 2010Background
- Hunt Construction Group, Inc. and Mezzetta Construction, Inc. acted as construction manager for Lucas Oil Stadium under Owner contracts.
- Garrett, Baker Concrete employee, was injured on October 16, 2006, by falling forming material on the site.
- Garrett sued Hunt for negligence, seeking partial summary judgment on Hunt’s duty.
- Trial court granted Garrett partial summary judgment on duty based on nondelegable duty and Hunt’s conduct.
- Hunt sought summary judgment arguing no duty; trial court denied Hunt’s motion and Garrett prevailed on some duty issues.
- But the court ultimately held Hunt was not vicariously liable, while finding Hunt had a contractual duty to Garrett.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hunt had vicarious liability for Baker’s negligence | Garrett argues Hunt owed nondelegable duty via contract/conduct | Hunt argues no principal/contractor relationship; vicarious liability inappropriate | Vicarious liability inapplicable; no nondelegable duty based on contractor relationship |
| Whether Hunt owed a duty to Garrett based on contract | Garrett contends Hunt assumed a contractual duty to workers | Hunt contends contract limits its duty to Owner; no duty to workers | Hunt owed a duty to Garrett via contract; contract-based duty upheld |
Key Cases Cited
- Plan-Tec, Inc. v. Wiggins, 443 N.E.2d 1212 (Ind. Ct. App. 1983) (contractual duty determines negligence unless intent to charge is absent)
- Perryman v. Huber, Hunt & Nichols, Inc., 628 N.E.2d 1240 (Ind. Ct. App. 1994) (construction manager may bear duty to ensure safety under contract)
- Williams v. Cingular Wireless, 809 N.E.2d 473 (Ind. Ct. App. 2004) (contractual duty can create negligence liability; no nondelegable duty needed)
- Sword v. NKC Hospitals, Inc., 714 N.E.2d 142 (Ind. 1999) (nondelegable duty doctrine governs when applicable in torts)
- Bagley v. Insight Communications Co., 658 N.E.2d 584 (Ind. 1995) (policy-based nondelegable duties recognized in construction context)
- Indian Trucking v. Harber, 752 N.E.2d 168 (Ind. Ct. App. 2001) (rejects vicarious liability where discrete duties exist between parties)
- England v. Fairfield Contracting, Inc., 908 N.E.2d 238 (Ind. Ct. App. 2008) (contract ambiguity does not negate intended duties)