In Kalinchuk v. JP Sanchez Construction Co., a Texas plaintiff appealed summary judgment in favor of the defendant, a construction company. The case arose when a city hired a construction company to renovate one of its baseball fields. The city asked the construction company to move bleachers during the renovation, and two of the company’s employers did so with a forklift.
The plaintiff was a welder hired by the city who was asked to break the bleachers into smaller sections. While he was working, the bleachers fell on his back, causing an injury. He sued the construction company, alleging they were negligent and grossly negligent for failing to take sufficient precautions to make sure he was safe when moving the bleachers.
The construction company moved for summary judgment. It argued that it didn’t owe a duty to the plaintiff as a matter of law because it didn’t employ or exercise control over the plaintiff. It also argued that the plaintiff had only produced a scintilla of evidence to show there was a duty, a breach of duty, and causation. The plaintiff’s response included deposition testimony from the plaintiff, construction company employees, and his supervisor. The trial court granted summary judgment nonetheless, although it didn’t state the reason for its decision.