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Torts Keyed to Epstein
Virden v. Betts and Beer Construction Company
Facts
Virden was a maintenance worker in a high school. The school had recently installed a new wrestling room, constructed by Betts and Beer Construction and Stroh Corporation (the “construction companies”). An angle iron had fallen from the ceiling of the new room, and he was bolting it back into place when he fell from the 10-foot ladder he was using. He had not got in touch with the construction companies before commencing the work, nor had the school. He did not try to get help in placing or securing the ladder though the spot was cluttered with gym equipment. He brought suit against the construction companies, on the ground that their negligence in construction was an immediate preceding factor in his fall. The trial court granted summary judgment to the construction companies. The intermediate court of appeals reversed the verdict. The state supreme court granted review.
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