Marshall Contractors, Inc. v. Bennington Iron Works

811 A.2d 1208 (R.I. 2002) · Supreme Court of Rhode Island · December 27, 2002

Summary

The Rhode Island Supreme Court reviewed Marshall Contractors, Inc.'s claim for indemnity and contribution against Bennington Iron Works arising from a worker's fall through a floor opening at a construction project. The Court held that, viewing the evidence in Marshall's favor, a reasonable jury could find that Bennington was negligent and contributed to the injury, and it therefore vacated the judgment for Bennington and remanded for further proceedings.

Holdings

  1. The evidence, viewed in the light most favorable to Marshall, was sufficient to support a reasonable jury finding that Bennington was negligent and that its negligence contributed to Ferguson's injury.

Questions Presented

  1. Whether the evidence, viewed in the light most favorable to Marshall, supported a reasonable jury finding that Bennington was negligent and that its negligence contributed to Ferguson's injury.
  2. Whether the Superior Court properly entered judgment as a matter of law for Bennington on Marshall's cross-claim.

Disposition

vacated

Cases Cited (6)

  • Ferguson v. Marshall Contractors, Inc., 644 A.2d 310 (R.I. 1994)(followed)
  • Ferguson v. Marshall Contractors, Inc., 707 A.2d 660 (R.I. 1998)(followed)
  • Ferguson v. Marshall Contractors, Inc., 745 A.2d 147 (R.I. 2000)(followed)
  • Martino v. Leary, 739 A.2d 1181, 1182 (R.I. 1999)(followed)
  • DeChristofaro v. Machala, 685 A.2d 258, 262 (R.I. 1996)(followed)
  • Kelly v. Rhode Island Public Transit Authority, 740 A.2d 1243, 1247 (R.I. 1999)(followed)

Cited In (0)

No citing cases on record yet.

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