Miller v. Great Lakes Steel Corp.

Bronson, P.J.

(dissenting). I respectfully dissent. *128I agree with the majority regarding the legal standard for directing a verdict based on no genuine issue as to any material fact and the general rule that the owner of property is not liable to an employee of a contractor for negligence absent the retention of sufficient control by the owner. Although the factual issue is close, I ultimately conclude that a reasonable jury could have found that Great Lakes retained sufficient control over the work so that it could be found liable.

The contract between Great Lakes and Valley Consolidated Industries contained many provisions which, in conjunction, could have led a jury to conclude that Great Lakes retained sufficient control to be held liable. Great Lakes reserved the right to change specifications and design of the project. The contract required that various materials to be used by Valley Consolidated on the project be purchased from a subsidiary of Great Lakes. Representatives of Great Lakes were given the right to inspect the work at any reasonable time. Great Lakes also had the right to make safety inspections, and this would support a finding of at least some control by the property owner. Great Lakes also retained the power to reject subcontractors selected by Valley Consolidated. The contract further made Valley Consolidated’s employees subject to the regulations enforced at Great Lakes’ plant. There was also testimony that Great Lakes’ Safety Supervisor, Earl Harén, did on occasion require "little corrections” in the manner in which Valley Consolidated completed its work.

I cannot agree that reasonable jurors could not find that Great Lakes retained significant control over the project such that it could be found liable. The safety inspections, the required "corrections”, *129the imposition of contractual provisions requiring materials to be purchased by Valley Consolidated from a Great Lakes subsidiary, the requirement that Valley Consolidated’s workers comply with Great Lakes’ plant rules, and the fact that Great Lakes could reject Valley Consolidated’s subcontractors might warrant a finding of significant retained control even if Great Lakes’ actual interference with Valley Consolidated’s day-to-day operation was minimal. It seems to me that a point can be reached where a property owner’s contract with a contractor is so detailed in terms of how the work is to be performed that effective control remains with the owner even if no day-to-day supervision is exercised by the owner. Although this case is close, I think a jury could have reached this conclusion in this case.

I would reverse and remand for trial.