Jeremy Haggard v. Blattner Energy, Inc.

Summary

The Texas Court of Appeals for the Second District affirmed summary judgment for Blattner Energy, Inc. in Jeremy Haggard’s negligence and gross-negligence action arising from a workplace accident at an Iowa wind farm. The court held that Haggard failed to produce evidence raising a genuine issue that Blattner retained contractual control over, or actually controlled, the injury-causing work performed by an independent contractor. The court also concluded that Haggard failed to show harm from the trial court’s refusal to withdraw deemed admissions.

Holdings

1. Haggard failed to produce summary-judgment evidence raising a genuine issue of material fact that Blattner retained a contractual right to control the means, methods, or operative details of C2's work related to Haggard's injury.
2. Haggard failed to produce evidence raising a genuine issue of material fact that Blattner exercised actual control over the operative details of C2's crane and nacelle-disassembly work.
3. Even assuming the trial court abused its discretion by deeming the six requests for admission admitted and refusing to withdraw them, Haggard was not entitled to reversal because he failed to show harm.

Questions Presented

1. Whether Haggard produced more than a scintilla of evidence that Blattner owed him a duty of reasonable care through retained contractual control over C2's work.
2. Whether Haggard produced more than a scintilla of evidence that Blattner exercised actual control over the operative details of C2's injury-causing crane and disassembly work.
3. Whether the trial court's deemed admissions required reversal because they were improperly deemed admitted or because refusing to withdraw them caused harm.

Disposition

affirmed