Judge Laura Taylor Swain
Athenium’s apartment buildingmanaged by Andrews Building Corp.also housed Paramount Antiques and had a lobby. In 2006 Athenium delegated to Paramount responsibility to hire, and supervise, an independent contractor to renovate the lobby. A bulletin board above mailboxes in the lobby fell and struck mail carrier Rodriguez in September 2010. Athenium raised an "independent contractor defense" in his personal injury suit. The court granted Athenium summary judgment. Its participation in the board’s installation was limited to selection of the board and its place of installation. Given the lack of evidence that Athenium and Andrews exercised more than "general supervisory powers" over the independent contractor, Rodriguez did not show they created the hazardous condition. Also, given testimony by Athenium’s president that there were no issues with or complaints about the board, the court found Rodriguez’s speculative assertion about possibly visible loose boltsputting defendants on constructive noticeinsufficient to avoid judgment. No record evidence showed defendants were, or should have been on notice of any defective condition during the board’s temporary removal from the lobby’s wall prior to Rodriguez’s accident.
