Huge awards are often appealed by companies who want to get out of paying compensation. But sometimes the little guy wins out like in this case reported by CVN.
The Georgia Court of Appeals upheld an award of more than $6 million in an injury case. A taxi driver was struck by a pipe that fell from a hotel rooftop and sustained traumatic brain injury.
The original suit found Cajun Contractors 100% responsible for the accident, but Cajun said it was not responsible on appeal because RYR Construction was the team at work on the scene as an independent contractor. Thus, Cajun could not have foreseen the accident.
However, the appellate court concluded Cajun Contractors could be held vicariously liable for the negligence of RYR Construction. The owner of Cajun was considered the boss at the work site, and Cajun provided tools, direction, and controlled processes and access.
Furthermore, there was no contract found between Cajun and RYR specifying an independent contractor relationship and the accident could have been foreseen.
“Indeed, RYR acknowledged that there was a danger of objects falling from the hotel roof as a result of the demolition, and Bossier testified that he told RYR to ensure that nothing fell from the roof, thereby indicating that Cajun was aware of the risk of falling objects,” Judge Barnes wrote.
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