Contractor's Fall Not Homeowner's Fault

Obtained summary judgment on behalf of a homeowner in a case pending in Mason County, Kentucky. The plaintiff was an independent contractor hired to trim trees on the defendant's property. He sustained severe and debilitating injuries after falling over 30 feet from an extension ladder, including multiple back fractures and has incomplete right T11, left T12, and incomplete L3 motor paraplegia due to his fall. Further, his doctors opined that he would be wheelchair bound and have a permanent total disability from work for the remainder of his life. The homeowner was not present when the plaintiff arrived to complete the job, did not direct him with regard to how he completed the work, and did not require or otherwise sanction the use of the ladder on the job. While it was disputed whether the defendant had prior knowledge of the alleged defect associated with the ladder, the plaintiff steadfastly maintained he previously informed the homeowner of the alleged defect while performing other jobs on the property prior to the date of his fall. This fact proved to be critical as the defense filed a motion for summary judgment arguing, in part, that the defendant had no duty to warn the plaintiff, as an independent contractor, of any dangers or defects the contractor knew of or ought to have known of. The trial court agreed and dismissed the plaintiff's claims with prejudice. The decision is noteworthy in light of Kentucky's stringent summary judgment standard, and the fact that such judgment is rarely granted in premises liability cases within the Commonwealth.