Cain v. Contarino

Court properly granted summary judgment in favor of defendant in negligence action for construction accident sustained by carpenter when setting roof trusses on garage, while working for his employer, as subcontractor for the Defendant general contractor. Plaintiff alleged that general contractor failed to ensure that subcontractor maintained safe work practices at jobsite. General contractor owed no duty of care under retained control exception of Section 414, and any such duty would not have required providing subcontractor with a crane to perform truss work. No showing that general contractor was a "possessor" of land where accident occurred which had ability to exclude others or regulate their use of the property. (ZENOFF and JORGENSEN, concurring.)