Rainwater Construction Co. v. Evans
Rainwater Construction Co. v. Evans
Opinion of the Court
LaFayette Evans brought a complaint against T. E. Driskell d/b/a T. E. Driskell Grading Company, and Rainwater Construction Company, Inc., seeking recovery for injuries sustained as the result of alleged negligence of the defendants when a concrete block wall on certain premises fell on the plaintiff. Rainwater Construction Company, Inc., made a motion for summary judgment and, upon the hearing based upon the materials and evidence introduced, contended that Driskell was a subcontractor to do grading work on a construction job of which movant was the general contractor, and that Driskell, as such, was an independent contractor. An analysis of the affidavit and materials submitted failed to disclose as a matter of law (1) that Driskell was an independent contractor, or (2) that the fall of the wall was not occasioned by any negligence of either Driskell or movant. Statements in the affidavit of the president of movant company that Driskell was an "independent subcontractor” and the movant "did not have possession or control of the premises in question” and "did not have control of any person who was on or about the premises at the time the wall allegedly fell on the plaintiff” and that movant "had no responsibility whatsoever for the condition of the wall or for any of the employees, agents, or servants of any other entity who had performed work in connection with the said wall”
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.