102 A.3d 650
R.I.2014Background
- Smith, owner of the property, hired Ead to construct an addition; construction was halted after DEM noted zoning violations and ordered removal.
- Smith decided to sell and a prospective buyer planned to demolish the addition; Raymond Wells assisted in demolition with his brother, John Wells.
- John Wells, the plaintiff, was injured when he fell from the roof during demolition work at the property.
- Plaintiff filed 2011 complaint alleging negligence, premises liability, negligent hiring, strict liability, res ipsa loquitur, and negligent design/construction/inspection.
- Superior Court granted summary judgment on all counts; plaintiff appealed focusing on negligent hiring against Smith and negligent design/construction/inspection against Ead.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Negligent hiring duty by owner to third parties | Wells argues Smith owed a duty to third parties due to hiring Ead, knowing or should have known of his incompetence. | Smith contends no duty to plaintiff; independent contractor rule shields owner from liability for contractor's acts. | No duty found; summary judgment upheld. |
| Duty of care for negligent design, construction, and inspection by contractor | Ead owed duty to Wells because work affected safety and foreseeability of third-party injury. | Ead had no duty to make roof safe for dismantling after control over the structure was lost. | No duty found; summary judgment upheld. |
Key Cases Cited
- Brown v. Stanley, 84 A.3d 1157 (R.I. 2014) (duty prerequisite for negligence; no duty, no liability)
- Willis v. Omar, 954 A.2d 126 (R.I. 2008) (duty analysis; case-by-case evaluation)
- Martin v. Marciano, 871 A.2d 911 (R.I. 2005) (duty determination requires contextual factors)
- Ferreira v. Strack, 636 A.2d 682 (R.I. 1994) (duty and standard for negligence claims)
- Soave v. National Velour Corp., 863 A.2d 186 (R.I. 2004) (builder/contractor liability for post-completion danger where risk is foreseeable)
- Gushlaw v. Milner, 42 A.3d 1245 (R.I. 2012) (duty analysis factors include relationship, policy, fairness)