George A. Fuller Co. v. McCloskey

Background

A painter working for a subcontractor was riding on top of an elevator used as a movable platform while painting an elevator shaft. The elevator had been installed by a separate elevator company, but the general contractor arranged to use the elevator and its operator for painting. The painter asked the operator to stop at the second floor; the car paused, suddenly started again, and the painter was thrown and injured when he was caught at the fifth floor. The painter sued both the elevator company and the general contractor; a directed verdict favored the elevator company, and the jury found for the general contractor. The trial court and the Court of Appeals affirmed that judgment.

Reasoning

The central question was whether the general contractor was responsible for the elevator operator’s conduct. The Court examined the agreement giving the contractor the use of the elevator and operator when needed, and concluded the contractor had assumed control of the elevator service and the duty to operate it carefully. The Court explained that signals from the painters did not make the operator the subcontractor’s servant; rather, the operator was acting as part of the contractor’s provision of the service. Citing prior law about cooperation versus change of master, the Court held the contractor liable for the operator’s negligence and affirmed the judgment for the injured painter.

Real world impact

The decision makes clear that when a contractor supplies equipment and an operator to aid a subcontractor’s work, the contractor can be held legally responsible for negligent operation. This affects contractors, subcontractors, and workers who rely on contractor-provided equipment and operators.