The North Dakota Supreme Court reversed a lower court’s ruling finding a construction company was immune from a negligence suit filed by an injured worker and the estate of a worker who was killed on a jobsite.

In a May 9 opinion, Justice Jerod E. Tufte determined defendant Gateway Buildings Systems wasn’t immune from negligence claims brought by an injured worker and a deceased worker’s estate. The high court determined that N.D.C.C. § 65-04-26.2(1) didn’t provide immunity to general contractors when the subcontractor secures coverage for its employees.

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