Oshana v. FCL Builders

Ironworker was injured when he fell from steel beam at construction site. Ironwork subcontractor did not retain control over erection work of ironworker's employer, as it did not have ongoing presence at jobsite, and its officer was not knowledgeable about steel erection. Thus, evidence of subcontractor's control was insufficient, under retained control exception of Section 414 of Restatement of Torts, for Plaintiff and general contractor to survive summary judgment. (R.E. GORDON and GARCIA, concurring.)