Injured worker's status as invitee or trespasser is question for jury to decide
The Court of Appeals overturned a summary disposition in favor of the Lakeshore Habitat for Humanity, arising out of a paiid worker's injury claim. Douglas Gaitan was employed by a sub-contractor to perform roofing on the Habitat house under construction. He used another sub-contractor's scaffolding to gain access to the roof and fell, suffering injury. When he sued claiming an unsafe condition, the trial court dismissed his claim: the judge found persuasive Habitat's insurer's claim that when he entered another contractor's scaffolding, Gaitan became a trespasser rather than an invitee.
The Court of Appeals reviewed the factual informations and noted that Gaitan's permission to access the roof via the scaffolding, and his resulting status as an invitee or trespasser, was a question of fact for the jury.