January 8, 2009
Mayhugh v. Dana B. Kenyon Company

Bobby Schrader successfully released Defendant Dana B. Kenyon from cross-claims from Rink Design Partnership and Skinners of Point Meadows. In this case, Defendant Skinners contracted with Defendant Kenyon to construct a Stein Mart building in which Defendant Rink was the architect with oversight responsibility. This building was accepted by Defendants Skinners and Rink as being substantially completed, as well as issued a Certificate certifying it was properly built according to applicable codes. Most importantly, Defendant Stein Mart’s representatives knew that there was no permanent ladder in the building providing roof-access. Thus, in determining whose negligence caused the Plaintiff’s injuries, the judge granted Bobby Schrader’s Motion for Summary judgment, finding that any such negligence was caused by either Rink, Skinners and Stein Mart because they were under a duty to and were presumed to have made a reasonably careful inspection before accepting the building as complete.