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That decision allows her to be at peace with the result of both the mystery and the question of her own mental competence. Davis grew up in southern California then traveled the world as a Pan Am purser until she landed a job writing for the television series, Dr.

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Quinn, Medicine Woman. She wrote, produced and directed the independent feature, The Uniform Motion of Folly. She is currently at work on another feature, Lip Service, along with a documentary about her family's four generations in the Carousel business. Visit Seller's Storefront. Books should arrive within business days for expedited shipping, and business days for standard shipping.

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Plaintiff produced a twenty-five page expert report discussing numerous industry standards and explained how Ferguson and Final Kote deviated from those standards. The report further discussed how such violations contributed to or caused plaintiff's fall.

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The report concluded. It is my opinion that both Ferguson Construction and Final Kote violated the principles and practices of construction safety management because they failed to plan, monitor and ensure that the work done in this elevator shaft was done safely and in compliance with OSHA regulations. It is my opinion that both defendants violated the aforementioned OSHA regulations because they would be considered by OSHA to be controlling employers, that is, which had the authority to control the safety of work being performed at this site.

It is my opinion that Ferguson Construction violated their contract because they failed to comply with OSHA regulations. It is my opinion that the above failures were the cause of Mr. Lopez's injuries. We "review[] an order granting summary judgment in accordance with the same standard as the motion judge. Bhagat, N. Pierre, N. We "must review the competent evidential materials submitted by the parties to identify whether there are genuine issues of material fact and, if not, whether the moving party is entitled to summary judgment as a matter of law.

Guardian Life Ins. A trial court's determination that a party is entitled to summary judgment as a matter of law is "not entitled to any special deference," and is subject to de novo review. Manalapan Realty, L. When evaluating the motion record, we view the facts in a light most favorable to the non-moving party, "keeping in mind '[a]n issue of fact is genuine only if, considering the burden of persuasion at trial, the evidence submitted by the parties on the motion.

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A motion for summary judgment will not be defeated by bare conclusions lacking factual support, Petersen v. Taddese, N. Court Rules, comment 2. Com, Inc. That standard in mind, we turn to the order granting summary judgment. In general, "a contractor has a duty to maintain the premises on which it performs work in a reasonably safe condition for persons who the contractor may reasonably expect to come onto the site. Fischer, N. Bradlees, Inc. Toll Bros. The duty of care defendant contractors owe to a subcontractor's employee depend upon "the foreseeability of the risk of injury.

Review: Sheetrock Angel by Jeanne C. Davis

Significantly, our Supreme Court has explicitly held "the violation of OSHA regulations without more does not constitute the basis for an independent or direct tort remedy. Consequently, "the finding of an OSHA violation does not ipso facto constitute a basis for assigning negligence as a matter of law; that is, it does not constitute negligence per se.

Hartz Mountain Indus. Equally significant, the Supreme Court explained: "[f]acts that demonstrate an OSHA violation constitute evidence of negligence that is sufficient to overcome a motion for summary judgment. Linpro Co.


In the case before us, in opposition to defendants' summary judgment motions, plaintiff produced an expert report explaining, among other things, that Ferguson Construction and Final Kote had violated OSHA regulations. Neither the trial court nor the parties have cited or discussed the Supreme Court's pronouncement in Alloway that facts demonstrating OSHA violations constitute evidence of negligence sufficient to overcome a motion for summary judgment.

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  • We note that Ferguson Construction argues it was not a general contractor, but rather a construction manager. This assertion is disputed by Horizon and by Final Kote. We have considered Ferguson Construction's and Final Kote's remaining arguments and found them to be without sufficient merit to warrant further discussion in a written opinion.