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RICHARD ARCHAMBAULT v. SONECO/ NORTHEASTERN, INC., ET AL. (SC 17845)
Norcott, Katz, Palmer, Zarella and Schaller, Js. Argued October 16, 2007--officially released May 20, 2008

Wesley W. Horton, with whom were Michael S. Tay-

lor, Barry P. Beletsky and, on the brief, Daniel J. Krisch and Chip G. Schoneberger, pro hac vice, for the appellant (defendant Konover Construction Corporation). Robert I. Reardon, Jr., with whom were Robert T. Rimmer and Tracy P. Montalbano, for the appellee (plaintiff). Anthony J. Natale, Richard F. Wareing and Colin P. Mahon filed a brief for the Construction Management Association of America, Southern New England Chapter, et al., as amici curiae. Raymond A. Garcia, Jane I. Milas and James E. Regan filed a brief for the Connecticut Building Congress as amicus curiae. Norman Zolot filed a brief for the International Union of Operating Engineers, Local 478, as amicus curiae. Robert M. Cheverie filed a brief for the Connecticut Building and Construction Trades Council, AFL-CIO, as amicus curiae. Robert T. Rimmer filed a brief for the Mechanical Contractors Association of Connecticut as amicus curiae. William F. Gallagher and Hugh D. Hughes filed a brief for the Connecticut Trial Lawyers Association as amicus curiae.

Opinion

ZARELLA, J. In this action seeking damages for personal injuries sustained in a construction accident, the defendant Konover Construction Corporation (Konover), general contractor for the construction project, appeals from the judgment of the trial court rendered in favor of the plaintiff, Richard Archambault. The plaintiff was employed as an excavator by the named defendant, Soneco/Northeastern, Inc. (Soneco), a subcontractor hired by Konover to perform site work on the project, when a trench that he had been excavating collapsed and caused him serious physical injuries. Konover claims that the trial court improperly (1) precluded it from introducing evidence that Soneco's negligent conduct was the sole proximate cause of the plaintiff's injuries, (2) declined its request to instruct the jury that Soneco's conduct was a superseding cause of the plaintiff's injuries, and (3) instructed the jury that Konover owed the plaintiff a nondelegable duty to keep the construction site safe. Konover also claims that the plaintiff's counsel exploited the trial court's rulings and improperly appealed to the jurors' passions and prejudices during closing argument. We reverse the judgment of the trial court and order a new trial. The following facts and procedural history are relevant to our resolution of this appeal. On the morning of October 30, 1998, the plaintiff was excavating a trench for the installation of a water line on a construction site1 when a portion of the trench collapsed, burying another worker, James Dowd. The plaintiff jumped out of the excavator and into the trench in an attempt to assist Dowd, but, while there, another portion of the trench collapsed, burying the plaintiff and a third worker, Dubie Sowell.2 The plaintiff and Sowell ultimately were rescued but sustained serious physical injuries as a result of the accident. On July 16, 1999, the plaintiff filed a complaint against Konover and Soneco. Count one of the complaint alleged that the plaintiff's injuries had been caused by Soneco's intentional and reckless misconduct and its violation of multiple regulations promulgated under the authority of the federal Occupational Safety and Health Administration.3 Count two alleged negligence against Konover4 for breach of its nondelegable duty to provide a safe work site by failing to ensure safe working conditions, to oversee the work site adequately, to supervise its independent contractors and their employees adequately, to inspect the work site and to enforce compliance with the applicable safety regulations in a proper manner. Konover denied the allegations of negligence and asserted a special defense of the plaintiff's contributory negligence. On July 13, 2001, Soneco filed a motion for summary judgment, which the plaintiff opposed, on the ground

that the plaintiff's claims were barred by the exclusive remedy provision of the Worker's Compensation Act (act), General Statutes

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Connecticut Law