Fleck v. ANG Coal Gasification Co.

How courts have described this case

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

• noting that Hawai'i under Makaneole follows the minority view, which holds that §§ 416 and 427 protect employees of independent contractors
• a duty is not created when employer has general right to inspect work progress
• “[W]e adopt the majority view and hold that an employer of an independent contractor is not vicariously liable to the independent contractor’s employees under Sections 416 and 427 of the Restatement (Second) of Torts.”
• “[T]he duty created by [the retained control theory] may arise in two ways: through express contractual provisions retaining the right to control the operative detail of some part of the work, or through the employer’s actual exercise of such retained control at the jobsite.”

Source: CourtListener parenthetical corpus (CC0).