News & Publications

Smith Haughey Successfully Defends Garbage Truck Company

Author:

Smith Haughey attorney Kristen Guinn achieved victory for our client, a large garbage truck company, in a case alleging that the client had a responsibility as a property owner for an accident which occurred there. The plaintiff was an employee of a subcontractor for a project occurring on the garbage company’s landfill and, while on site, was struck by a large pipe that caused significant injury to her ankle. Plaintiff sued both our client and the other construction company who was working on the project.

Plaintiff argued that our client had control over the project because it had safety standards and was responsible for having others on its property comply with those standards. Plaintiff also argued that our client had a non-delegable duty since it was engaged in inherently dangerous activities at the landfill.

Through the course of discovery, every witness who was deposed confirmed that our client was not managing the project and therefor was not involved in the project’s day-to-day operations. The judge dismissed all the plaintiff’s claims on summary disposition.