O’ Connell v. Turner Construction Company 

(Court opinion modified upon denial of rehearing 5/20/11.) Plaintiff sued construction manager corporation for injuries he suffered at construction worksite. As Plaintiff does not allege that construction manager actually selected the contractors or subcontractors, manager cannot be said to have entrusted them with the work, absent which Section 414 of Restatement (Second) of Torts is inapplicable. Whether construction manager exercised control at construction site is irrelevant, as control alone does not trigger liability under Section 414. Manager is not liable under Section 434(a) of Restatement, as no evidence that it possessed the land at issue. (J. GORDON and HOWSE, concurring.)