MOUNT VERNON - St. Clair County jurors correctly assigned 45% of negligence to plaintiff Stephen Harris in an injury suit against Germantown Seamless Guttering, Fifth District appellate judges ruled on Dec. 6.
They upheld the jury’s finding that Harris failed to take precautions to protect himself.
The verdict set his damages at $205,677.42 and awarded him $113,122.58 at 55%.
Harris worked as a general contractor and acted in that capacity for construction of his home on Funk School Road in Freeburg in 2018.
He hired Germantown Seamless to complete some work on the home.
Harris claims that one morning he walked along a deck across the back when he heard a warning call from above and looked up.
A tube of sealant rolled off the roof and hit his right eye.
Harris sued Germantown Seamless, claiming it failed to keep proper control of the tube, secure it, or warn those nearby that it was falling.
At trial last year, safety engineer Christopher Janson of St. Louis testified that he inspected sites, looked for hazards, and helped businesses comply with regulators.
Janson said general contractors were responsible for safety and the general contractor and subcontractors were responsible for complying with regulations.
He said a general contractor was typically responsible for inspections and there should have been warnings or barricades where Germantown Seamless was working.
He added that Harris controlled the site and had a duty to ensure subcontractors fulfilled their duties.
Jurors divided the liability, and Circuit Judge Heinz Rudolf entered judgment.
Harris moved for a second trial, claiming there was no evidence for contributory negligence.
Rudolf denied it, Harris appealed, and Fifth District judges found the verdict was not against the manifest weight of the evidence.
Justice Barry Vaughan wrote that determination of negligence is a composite of experiences of average people and is left to the jury for evaluation.
Vaughan wrote that a plaintiff is contributorily negligent when acting without the degree of care that a reasonably prudent person would use under like circumstances.
He wrote that Harris owned the building and a construction company, had 25 years of construction experience, hired Germantown Seamless, saw its trucks when he pulled up, saw people on the garage roof, and saw a ladder extending to the second floor.
He added that regardless of regulations, when Harris walked out of the house and moved from beneath the safety of any support above his head, he had a duty to protect himself.
He wrote that given his experience, he knew or should have known he was walking under an area where work was being performed.
Justices Randy Moore and Michael McHaney concurred.
Christopher Bortz of O’Fallon represented Germantown Seamless.
Randall Seth Crompton of St. Louis represented Harris.