Wiberg v. Metro Storage, LLC

Plaintiff filed a lawsuit against a construction project owner, the general contractor, and an excavation subcontractor after he was injured at a job site where he was working for a concrete subcontractor. The trial court granted summary judgment in favor of the general contractor and plaintiff appealed. The appellate court affirmed, finding that plaintiff did not introduce sufficient evidence to create a factual dispute on the issue of retained control and that the trial court did not err when it concluded that the open and obvious rule applied to plaintiff’s claim. (McBRIDE and ELLIS, concurring)