Injured concrete worker’s lawsuit prematurely dismissed: Appeals court
Reprints
A Pennsylvania appeals court Thursday reversed a lower court’s decision to dismiss an injured concrete worker’s lawsuit against a construction company and its owner.
The Pennsylvania Superior Court said the trial court wrongly granted summary judgment to Pittsburgh-based Gaydos Construction & Asphalt Paving Co. and its owner, George Gaydos, in a lawsuit brought by John Brown, who suffered a serious injury at a Pittsburgh work site in September 2016.
Mr. Brown received workers compensation benefits but later sued Gaydos, saying it negligently maintained the skid loader he was using and failed to properly train him on its use.
Gaydos Construction appealed, contending it was not Mr. Brown’s employer and was therefore immune from the suit.
Mr. Gaydos, who worked as a sole proprietor, formed a partnership with a cousin under the name of American Concrete Solutions LLC, which handled concrete and masonry jobs.
The trial court granted Gaydos summary judgment in April 2021, and Mr. Brown appealed.
The Superior Court remanded the case, saying it was prematurely dismissed because, among other things, questions remained whether Gaydos was Mr. Brown’s employer.
