Nofsinger v. Irby


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Docket Number: 2006-CA-01344-COA

Court of Appeals: Opinion Link
Opinion Date: 07-24-2007
Opinion Author: MYERS, P.J.
Holding: Affirmed

Additional Case Information: Topic: Negligence - Independent contractor - Knowledge of danger
Judge(s) Concurring: KING, C.J., LEE, P.J., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ.
Concurs in Result Only: IRVING, J.
Procedural History: Summary Judgment
Nature of the Case: Negligence

Trial Court: Date of Trial Judgment: 08-01-2006
Appealed from: Harrison County Circuit Court
Judge: Roger T. Clark
Disposition: SUMMARY JUDGMENT AWARDED TO DEFENDANT
Case Number: A2401-04041

  Party Name: Attorney Name:  
Appellant: JACK NOFSINGER




TIMOTHY J. MATUSHESKI GEORGE W. HEALY, IV



 

Appellee: JOE IRBY PATRICIA K. SIMPSON  

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Topic: Negligence - Independent contractor - Knowledge of danger

Summary of the Facts: Jack Nofsinger filed a negligence action against his neighbor, Joe Irby, claiming that Irby failed to maintain a safe working environment. Irby filed a motion for summary judgment which the court granted. Nofsinger appeals.

Summary of Opinion Analysis: Nofsinger argues that the court erred in determining that Nofsinger was an independent contractor and that no issue of material fact remained in dispute as to whether he was an employee or invitee. An employer is under a duty to provide an independent contractor with a reasonably safe work environment or give warning of danger unless the independent contractor knows of that danger. The facts in the record do not support Nofsinger’s position that Irby breached a duty of care by not placing a safety guard over the saw blade, by not warning him of the absence of the safety guard, nor by not properly instructing him on how to use the saw. The undisputed facts in the record are that Nofsinger has worked in the carpentry and construction industry for more than twenty-five years. Nofsinger has superior knowledge in the industry than that possessed by Irby. Further, Nofsinger has used table saws similar to the one at issue here and without goggles or a safety guard “thousands of times,” and Nofsinger admitted that he appreciated the danger of doing so. Therefore, whether Nofsinger was an independent contractor, an employee, or an invitee is of no moment to the ultimate decision on the issue of summary judgment. Nofsinger appreciated or should have appreciated the risks associated with using the table saw without the appropriate safety equipment and his assumption of that risk absolves Irby of the liability claimed.


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