Young v. Hood’s Gardens, Inc.

The operator of a wholesale greenhouse business hired a contractor to remove a large tree at its business. As a result of the work, the contractor received the wood from the removed tree, and the business paid the contractor $600. To complete the work, the contractor hired Appellant, a tree climber-cutter, to remove the trunk of the tree. Appellant was severely injured while working and rendered a paraplegic. The business brought this declaratory judgment action seeking to establish that it had no secondary liability because the value of the work by the contractor was less than $1,000. The trial court granted summary judgment for the business. The Supreme Court reversed, holding (1) the “value” attributable to the performance of work that triggers secondary liability under Ind. Code 22-3-2-14(b) includes both direct monetary payment as well as ancillary consideration received for the work; and (2) the business was not entitled to summary judgment because it failed to designate evidence establishing that the undisputed value of the ancillary consideration it received - the wood - plus the $600 monetary payment did not exceed $1,000. View "Young v. Hood’s Gardens, Inc." on Justia Law