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A landowner who hired an independent contractor to work on the roof is not entitled to summary judgment in the contractor’s negligence suit; a question of fact remained as to whether the contractor could reasonably avoid the risk posed by the obvious hazard of an unprotected ledge from which he fell. Read More

A defendant meets its initial burden on summary judgment by showing that plaintiff suffered a workplace injury while employed by an independent contractor that defendant hired; plaintiff then bears the burden of producing evidence that defendant retained control over the way the contractor performed its work or over workplace safety.   Read More

Committing a senile elderly person to a residential care facility is a "health care" decision, so only a person holding a health care power of attorney may make that decision for the elder; as a result, a facility’s arbitration agreement signed by an agent with only a regular power of attorney was not binding.  Read More

"Affiliate" means a person in a dependent or subordinate relationship with another, not just anyone with some sort of connection to the other; so a settlement agreement’s release did not extend to the lessor of released defendants and plaintiff’s suit against that entity could proceed.  Read More