Sojka v. Bovis Lend Lease, Inc.

Dist. Ct. erred in granting defendant-construction manager’s motion for summary judgment in action alleging that defendant was negligent in providing unsafe workplace when plaintiff sustained serious eye injury while performing services at construction site. While plaintiff had failed to respond to defendant’s claim in summary judgment motion that it was unaware that plaintiff had used inadequate safety glasses at time of accident, plaintiff presented sufficient facts with respect to other theories of negligence, such as defendant allowing plaintiff to work in inclement weather and to work unsupervised at time of accident, that precluded issuance of summary judgment.