PREMISES LIABILITY TO CONTRACTOR: PENNINGTON V. MEDWESTVACO CORP. (C0A 6/15/2007)

PENNINGTON V. MEDWESTVACO CORP.
TORTS:  Premises Liability, Duty owed independent contractor employees
2006-CA-000916
PUBLISHED: AFFIRMING
PANEL:  COMB PRESIDING;  KELLER, BUCKINGHAM CONCURS
COUNTY: HARDIN
Date: 6/15/2007

This is a premises liability tort case which attempts to use the Kentucky Occupational Health and Safety guidelines to hold a premises owner liable to third party invitees, in this case Pennington, who was an employee of a contractor performing repairs at Midwestvaco. The Court held that Midwestvaco was not Pennington’s employer, and therefore OSHA standards did not apply to its duties to Pennington.  The Court upheld the trial Court’s dismissal on summary judgment because Pennington was warned of the danger on Midewesvaco’s premises.

By Peter Naake.