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Jun 21, 2013

Summary Judgment Entered in Favor of Baker Sterchi Client in Construction Accident Claim

Summary Judgment was granted in favor of Baker Sterchi's client in a case involving a bricklayer contractor injuring himself when he slipped into a plumbing ditch dug by a different contractor on the project. Plaintiff sued the second contractor on the project for failing to barricade and/or flag the ditch.   In its Motion for Summary Judgment, Baker Sterchi argued the ditch constituted an open an obvious condition of which plaintiff had actual knowledge.  Plaintiff saw the ditch being dug days before the accident; was facing the ditch; and chose to step on its edge in the rain.  Further, Baker Sterchi argued its client had a right to expect other contractors would exercise due care for their own safety, especially in light of plaintiff’s years of training and experience on construction sites.  The Circuit Court of St. Louis County agreed and granted Summary Judgment in favor of Baker Sterchi's client.

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