Court dismisses action against owner-general contractor where scaffold collapsed
todd Kelly sued Albert Kohler in Leelanau County Circuit Court after he suffered catastrophic injuries in a scaffolding collapse. Kelly argued that the scaffolding was defective and that Kohler, the owner acting as his own general contractor, was liable for this safety defect in a common work area. The Court rejected this claim, however, finding that since only two persons would be utilizing the scaffolding, it did not present a wide enough risk to invoke common work area liability.The Court also held that the owner was not guilty of actual negligence because there was no proof that he was aware of the defective condition of the scaffolding erection. He must have actual or constructive knowledge of the alleged defect in order to have responsibility as a possessor.