(DOWNLOAD) "Kennedy V. Sea-Land Service Inc." by Division One Court of Appeals of Washington # eBook PDF Kindle ePub Free
eBook details
- Title: Kennedy V. Sea-Land Service Inc.
- Author : Division One Court of Appeals of Washington
- Release Date : January 16, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Appellant Molly O. Kennedy challenges the trial court's summary dismissal of her negligence action against respondent Sea-Land Service, Inc. (Sea-Land). Appellant's decedent, James Kennedy (Kennedy) was employed by Container Stevedoring Company (Container Stevedoring), a subcontractor employed by Sea-Land. Kennedy was killed on the job. We find that there are genuine issues of material fact which, if resolved in appellant's favor, would establish that Sea-Land retained sufficient control over the workplace to give rise to a higher duty of care for the safety of the employees of the independent contractor than would otherwise exist; that there also are genuine issues of material fact as to whether the duty of care was breached; and that there are genuine issues of material fact as to whether any such breach proximately caused the death of Kennedy. Accordingly we reverse the summary judgment of dismissal and remand for trial.