Emery v. Leavesly McCollum

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a “subcontractor is [the] statutory employer of [a] sub-subcontractor’s employee because of vertical relationship between general contractor, subcontractor and sub-subcontractor.”
• stating a peculiar risk must be foreseeable and not “created solely by the contractor’s ‘collateral negligence,’ . . . [i.e.,] negligence consisting wholly of the improper manner in which the contractor performs the operative details of the work”
• stating property owner’s site manager “did not assume control of the premises or of the work ... he acted as a liaison between the owner and the contractor;” site manager’s presence did not rise to level of control necessary to impose liability on owner
• “An owner who is out of possession and without control over the construction site has no duty to the employees of the independent contractor to whom the work and premises were entrusted.”

Source: CourtListener parenthetical corpus (CC0).