Mike Flake and Taylor Procopio obtained summary judgment for a construction company in defense of a shoulder injury case where Plaintiff alleged the defendant failed to install temporary safety railings on the deck it constructed for Plaintiff. The subject construction contract specifically excluded the construction of deck railings; Plaintiff claimed the Company should have installed railings and should be held responsible for the deck not having railings despite the contract language.
Supreme Court rejected Plaintiff’s arguments and found no breach of contract because the Company only contracted to build a deck, not the railings: “It is unreasonable to suggest that [the Company] remained liable indefinitely for any injuries that may occur on Plaintiff’s property just because there was a chance they may eventually have been retained to complete the railings.” The Court emphasized that Plaintiff fell on his own property under circumstances he knew were dangerous.
