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Dalton v. Peachtree LP

The injured plaintiffs, who worked for an independent subcontractor, failed to show that the property owner retained the right to control the time and manner of the subcontractor's work or that the owner interfered with the work to a sufficient degree,

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Javier Berriel Lopez and Arthur Dalton,1 employees of Glass Systems, Inc., the glass/window subcontractor on a condominium construction project, were electrocuted when an aluminum slab edge cover they were lifting to the fourth floor of the project, owned by 933 Peachtree, L.P., contacted high-voltage power lines operated by Georgia Power Company. In these four cases, consolidated for purposes of appeal, Lopez and Dalton appeal from the summary judgments granted to 933 Peachtree, L.P., and Georgia Power on their claims based on premises liability 933 Peachtree, L.P. and negligence Georgia Power. A07A1967 and A07A1970

1. We first consider the grant of summary judgment to 933 Peachtree on Dalton and Lopez’s claims based on premises liability and their second enumeration, that the trial court erred by finding no issue of material fact regarding the owner’s control of the site and work.

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