Facts

Fed-Ex hired Alston Construction as a general contractor for a construction project. Alston subcontracted with AMPCO to perform demolition and asbestos treatment. AMPCO subcontracted with KML to provide pre-demolition asbestos removal. Leonel Torres was an employee of KML. While performing his duties, Torres fell through the roof, from the second floor to the first and alleged he suffered physical injuries.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant failed to properly maintain their premises and warn of hazardous conditions on the roof. Plaintiffs contended that defendant's actions were negligent and resulted in a loss of consortium.

DEFENDANT'S CONTENTIONS: Defendant contended that Torres' sole remedy was through Worker's Compensation. Defendant contended it had no duty to plaintiff because it was only the general contractor; it did not exercise authority or control over plaintiff while he performed his duties.

Result

The court granted defendant Alston Construction's motion for summary judgment.