Justin Sherer and Taylor Pecci of our Mobile office combined to obtain a summary judgment in the Circuit Court of Baldwin County on behalf of a local homebuilder who was sued by a subcontractor’s employee who suffered severe injuries when the deck he was repairing collapsed while he was working within the line and scope of his employment.
Justin and Taylor successfully argued that the plaintiff could not set forth a prima facie case of negligence against the homebuilder, as the general contractor owed no duty to the plaintiff. Further, they prevailed on the argument that the homebuilder did not have the requisite knowledge of the dangerous condition of the deck that would give rise to a cause of action for wantonness. The court granted their motion to all claims after it was orally argued by Ms. Pecci.
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