Welding Contractor’s Suit Against Construction Company For Negligently Building Platform Continues

Following a welding contractor’s employee’s fall of more than twenty feet while working at a construction company’s site, the individual and the welding contractor (who was paying his workers’ compensation benefits) brought suit against the construction company alleging that it negligently constructed the platform from which the worker fell.  Last week, the U.S. District Court for the Middle District of Georgia denied the construction company’s motion to dismiss.  The court found that the plaintiffs adequately alleged a claim of negligence under Georgia law by pleading that the company invited the welding contractor’s employee onto its site, agreed to build the platform needed for the welding work, and represented that it was safe.  The construction company also argued that the case should be dismissed for the failure to join an indispensable party, the company that contracted with the welding contractor to be responsible for providing any equipment required by the welding contractor to undertake the assignment.  The court rejected this argument, concluding that although the plaintiffs could have sued this party in addition to the construction company for a breach of contract, there was no requirement that they must take that action.