Oral arg. – COA – 9/19/2018

At 10:00 the COA will hear Fairley Construction Services, Inc. v. James Savage, a premises liability case.

Fairley Construction was building a Quick Lube Station and was buying building supplies from ProBuild.  Savage was a delivery driver for ProBuild.  One day Savage  was delivering sheet rock and found that he was unable to deliver it to the office area with a forklift.  He decided to slide it across the floor and went to pick up a sheet of plywood laying on the the ground to put under the sheetrock. The plywood was covering an 8 foot deep oil pit.  Savage lifted the sheetrock, took a step, and fell into the oil pit.  He sued Fairley Construction. A jury found Fairley 80% liable and awarded $460,000 in damages.   Fairley argues, among other things, that the court should have directed a verdict for it. It also argues that the trial court erred in allowing testimony regarding OSHA, ANSI, and other incidents.

Fairley Construction’s brief

James Savage’s brief

Fairley Construction’s reply brief

Watch the argument here.

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