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← 962 NE2D 76 - Shawnee Construction & Engineering, Inc. v. Stanley

Shawnee Construction & Engineering, Inc. v. Stanley’s Empirical Analysis

2011

Citation profile

7
cited by 7 later decisions
1
states following
February 2018
most recently cited

7 state decisions

Relationships

Relies on Mangold Ex Rel. Mangold v. Indiana Department of Natural Resources · Rhodes v. Wright · Kroger Co. v. Plonski · Bagley v. Insight Communications Co., LP · Merrill v. Knauf Fiber Glass GmbH

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The extent of the duty owed, if any, is a matter of contract interpretation. In determining whether a duty exists we will give effect to the intent of the parties as reflected by the language of the contract. We will determine the meaning of the contract by examining all of its provisions, not from a consideration of individual words, phrases, or paragraphs alone. Where the contract affirmatively evinces the parties’ intent to charge one party with a duty of care, actionable negligence may be predicated upon that contractual duty. This exception to the general rule of nonliability is not triggered merely because a contractor may have a right to inspect and test the work, approve the work and/or employees of the general contractor or require the contractor to follow company safety rules. Rather, for this exception to apply, a contract must provide for a specific duty of care.”
    1 later decision quote this exact passage
  2. “specifically assign [] [the general contractor] the duty to provide for the safety of its employees and to prevent injury to employees. Furthermore, [the general contractor] contractually agreed to administer and comply with OSHA regulations. [The general contractor] was also contractually required to designate a member of its staff whose duty would be to prevent accidents. .”
    1 later decision quote this exact passage
  3. “The Contractor shall take all necessary precautions for the safety of employees on the work”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.