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West v. Briggs & Stratton Corp.

A jury question remains as to whether owner relinquished control over premises where plaintiff was injured so as to relieve owner of liability.

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Michael West was injured on a construction project when he fell into a pit that had been covered by a piece of plywood. At the time, he was working for a painting contractor, Augusta-Carolina Painting. The pit had been constructed and maintained by the flooring contractor, M. B. Kahn Construction Company Kahn. West sued Briggs & Stratton Corporation Briggs, the owner of the property; Hunzinger Construction Company Hunzinger, the construction manager; and Kahn, alleging that each defendant had a duty to ensure that the premises were safe and to warn West of any danger. The trial court granted summary judgment to Briggs on West’s claim for damages, holding that Briggs owed no duty to West because it had relinquished control over that portion of the premises where he was injured. For reasons discussed below, we reverse.

In 1994 or 1995, Briggs started construction of an engine manufacturing plant in Statesboro. This plant consisted of two buildings, including a 300,000 square foot manufacturing building. Briggs did not hire a general contractor for the project, but entered directly into contracts with various contractors, including Kahn and Augusta Carolina. Briggs hired Hunzinger as the “construction manager,” with the general responsibility to provide advice regarding the project and to oversee the work of the various contractors. The written contract required Hunzinger to, among other things:

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