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ATTORNEYS FOR APPELLANTS Mark D. Gerth Steven E. Springer Michael Wroblewski Crystal G. Rowe Indianapolis, Indiana

ATTORNEYS FOR APPELLEE W.F. Conour Timothy F. Devereux Jeffrey A. Hammond Indianapolis, Indiana

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Indiana Supreme Court
_________________________________ No. 49S02-1106-CT-365 HUNT CONSTRUCTION GROUP, INC., AND MEZZETTA CONSTRUCTION, INC.,

In the

FILED
Mar 22 2012, 10:19 am
of the supreme court, court of appeals and tax court

CLERK

Appellants (Defendants below), v. SHANNON D. GARRETT, Appellee (Plaintiff below). _________________________________ Appeal from the Marion Superior Court, No. 49D01-0705-CT-21326 The Honorable David A. Shaheed, Judge _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-1001-CT-86 _________________________________ March 22, 2012 Sullivan, Justice.

An employee of a concrete subcontractor was injured in a workplace accident during the construction of Lucas Oil Stadium. She seeks to recover damages for negligence from the projects construction manager by whom she was not employed but whom she contends had a legal duty of care for jobsite-employee safety. Because we find that the construction manager

did not have, either by the terms of its contracts or by its actions, such a legal duty, we hold that the construction manager may not be held liable to the worker for negligence. Background In the process of removing forming material from concrete, one of Shannon Garretts coworkers dropped a piece of wood. That piece of wood struck Garrett and injured her head and left hand. At the time she was injured, both Garrett and her coworker were employees of Baker Concrete Construction, Inc., which had entered into a contract with the Indiana Stadium and Convention Building Authority ("Stadium Authority") to perform concrete work on Lucas Oil Stadium. The defendant, Hunt Construction Group, Inc.,1 had entered into a contract with the Stadium Authority to act as the construction manager for the building of Lucas Oil Stadium.2 Hunt had no contractual relationship with Baker Concrete or any other contractors. An employees rights and remedies against his or her employer on account of jobsite i njuries are governed by the Indianas Workers Compensation Act. But that Act does not restrict an injured employee from pursuing a claim against any "other person than the employer." Ind. Code

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