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Hess v. Textron Automotive Exteriors Inc.

Defendant failed to prove that it surrendered its premises to the plaintiff's employer on the day the plaintiff fell through a skylight while repairing defendant's roof.

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Brian Robert Hess appeals the grant of summary judgment to Textron Automotive Exteriors, Inc. “Textron.” He contends the trial court erred by granting summary judgment because questions of fact exist on whether Textron had relinquished possession and control of its premises to an independent contractor.

Hess was injured after he fell through a skylight while working for an independent contractor on the roof of one of Textron’s buildings. Hess contends he was on the roof to install wire mesh guards over openings in the roof for air vents. He had completed his work on one of the guards when he stepped to the side and fell through one of the skylights to the top of an interior shed 35 to 40 feet below. The roof was constructed of corrugated sheet metal. Over 300 skylights were in the roof, and the skylights were made from corrugated fiberglass that was the same color as the roof. Consequently, it was difficult, if not impossible, to see the skylights while on the roof because they blended into the rest of the roof. Hess’s doctor testified that Hess suffered severe, permanent injuries to his leg and back. At least two other people fell through the skylights in the years before Hess’s fall, and Textron’s policy was to require anyone going on the roof to sign a paper warning them about the skylights.

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