Martens v. MCL Construction Corp.

How courts have described this case

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

• providing a discussion of the history of section 414 of the Restatement and the Act as well as the relationship between the two
• highlighting Moss’ misconstruction of Shaughnessy, criticizing its reliance on contract language alone, and advocating a more balanced approach
• providing a discussion of the history of section 414 of the Restatement and the Act as well as the relationship between the two
• central issue under section 414 “is retained control of the independent contractor’s work” (emphasis added)
• “We do not ... equate those [general] safety responsibilities with control over the means and methods of [the subcontractor's] ... work .... ” (emphasis added)
• whether a duty exists under section 414 “turns on whether the defendant controls the work in such a manner that he should be held liable”

Source: CourtListener parenthetical corpus (CC0).