Malone v. McCullough Construction, LLC

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Malone v. McCullough Construction, LLC

Case Number
A-22-0722
Court Number
Gage
Call Date
May 9, 2023
Case Time
9:00 AM
Case Summary

A-22-0722, Christopher Malone (Appellant) v. McCullough Construction, LLC and Miller Builders, LLC (Appellees)

Gage County District Court, Judge Rick Schreiner

Attorney for Appellant: John C. Fowles (The Fowles Law Office, P.C., L.L.O.)

Attorney for Appellee: Jonathan M. Brown (Walentine O’Toole, LLP)

Civil: Negligence and Workers’ Compensation

Action Taken by Trial Court: Christopher Malone sued Miller Builders, LLC, the general contractor of a construction project after he was injured at the worksite. Malone’s suit was based on alternative theories that Miller Builders was negligent and that Miller Builders was a statutory employer required to provide workers’ compensation benefits pursuant to Neb. Rev. Stat. § 48-116. The district court granted summary judgment to Miller Builders.

Assignments of Error on Appeal: On appeal, Malone has assigned six errors which we consolidate, and restate as two. First, Malone asserts that the court erred in finding that Miller Builders was not an employer of Malone pursuant to Neb. Rev. Stat. § 48-116. Second, and in the alternative, Malone assigns the court erred in finding that Miller Builders did not owe Malone a common law duty of care owed by an employer to an employee. Malone also generally asserts the trial court erred in finding that there were no genuine issues of material facts present in this case as to both issues.

Case Location
Lincoln
Court Type
District Court
Schedule Code
A1
Panel Text
Pirtle, Chief Judge, Moore and Arterburn, Judges