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Kaplan v. Pulte Home Corp.

Independent contractor's election to provide himself with workers' compensation coverage did not forfeit his right to sue the developer of the subdivision where he was injured on the job.

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William Kaplan was an independent contractor, working as a subcontractor for Kitchen and Bathworld, Inc. d/b/a Diversified Cabinet Distributors a subcontractor of Pulte Home Corporation, the builder and developer of the subdivision where Kaplan was injured on the job. On December 28, 1995, Kaplan returned to the new home in Roswell to complete a pre-closing cabinet job. In preparation for closing that house and others, Pulte had its independent contractor subcontractor, America’s Best, Inc., pressure wash and hose down the garage and concrete driveways to wash away construction debris and mud from these homes. The temperature was below freezing and caused black ice to form on the driveways. Kaplan fell on the black ice in the driveway and was injured; he collected workers’ compensation for his injuries. Kaplan sued Pulte for his injuries. The trial court granted summary judgment to Pulte under two theories of defense: statutory employer’s workers’ compensation immunity and lack of superior knowledge by the owner. We do not agree and reverse.

1. The threshold issue is whether or not under the facts and circumstances of this case Pulte is entitled to the statutory employer’s immunity. We find that it was not.

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