Eva Dilaveris and Ianoula Dilaveris v. W.T. Rich Company, Inc.
653 N.E.2d 1134 (Cite as: 39 Mass.App.Ct. 115, 653 N.E.2d 1134)
Appeals Court of Massachusetts,
Angelos Dilaveris & others [FN 1]
FN1. Eva Dilaveris and Ianoula Dilaveris.
W.T. RICH COMPANY, INC.
Argued May 9, 1995.
Decided Aug. 18, 1995.
Further Appellate Review Granted Nov. 6, 1995.
Employee of subcontractor who was injured in fall from scaffold while working at school brought action against general contractor, and the Superior Court, Middlesex, George A. O'Toole, Jr., J., entered judgment on jury verdict finding employee 55% at fault and contractor 45% at fault and awarding damages to worker's wife and daughter on consortium claims. Contractor appealed, and the Appeals Court, Ireland, 1., held that contractor did not retain right of supervision over work such that subcontractor was not free to do work in its own way as would create duty owed by contractor to employees of subcontractor.
Affirmed in part and reversed in part.
**1134 *115 Andre A. Sansoucy, Boston (John W. Brister, with him), for plaintiffs.
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