Delano Growers Co-op. Winery v. Supreme Wine Co. Inc.

673 N.E.2d 562 (Cite as: 424 Mass. 9, 673 N.E.2d 562)

Supreme Judicial Court of Massachusetts, Middlesex.

Angelos DILAVERIS & others [FN1] FN1. Eva Dilaveris and Ianoula Dilaveris.

v.

W.T. RICH COMPANY, INC.

Argued Sept. 9, 1996.

Decided Dec. 12, 1996.

Worker employed by independent contractor sued general contractor for injuries sustained in fall from scaffolding during renovation of public school. The Superior Court Department, Middlesex County, George A. OToole, Jr., J., entered judgment on jury verdict finding worker 55% at fault and contractor 45% at fault. Contractor appealed, and the Appeals Court, Ireland, J., 39 Mass.App.Ct. 115, 653 N.E.2d 1134, Ireland, J., reversed as to contractors liability. Granting leave for further appellate review, the Supreme Judicial Court, Abrams, J., held that: (1) contractor's motion for directed verdict sufficiently raised the issue of extent of contractors negligence for purposes of including that issue in motion for judgment n.o.v.; (2) contractor had sufficient control and responsibility over independent contractor to make contractor's negligence an issue for the jury; and (3) jurors should have been informed of the effect of their apportionment of negligence.

Reversed and remanded for new trial.

Leonard F. Zandrow, Jr., (John W. Brister with him), Boston, MA for plaintiffs.

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