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Jere Ellis, as Administrator of the Estate of Jere Martin Ellis, Deceased Mary Ann Lacy Ellis, Individually, as Widow of Jere Martin Ellis, Deceased, and as Mother and Next Friend of Robert Allen Ellis, Minor Son of Jere Martin Ellis, Deceased Sheila Myers Ellis Pankey, as Mother and Next Friend of Elizabeth Suzanne Ellis, Minor Daughter of Jere Martin Ellis, Deceased Karen Lorraine Ellis Burden, as Mother and Next Friend of Angela Lorraine Ellis and Veronica Anne Ellis, Minor Daughters of Jere Martin Ellis, Deceased v. Chase Communications, Inc. Chase Family Limited Partnership 7, Nationwide Tower Company, Inc., Third-Party

Citations: 63 F.3d 473; 153 A.L.R. Fed. 693; 1995 U.S. App. LEXIS 24105Docket: 93-6465

Court: Court of Appeals for the Third Circuit; August 25, 1995; Federal Appellate Court

Narrative Opinion Summary

In this case, the estate and next of kin of Jere Ellis appealed the district court's summary judgment in favor of Chase Communications. Ellis, an employee of an independent contractor, died after falling from a television tower owned by Chase. The primary legal issue was whether Chase owed a duty of care to Ellis under Tennessee law and federal OSHA regulations. The district court ruled that Chase had no duty to protect Ellis from the obvious dangers associated with his inherently dangerous work, as he was not an employee of Chase but of a subcontractor. The court also found that OSHA does not create a private right of action nor extend liability to independent contractors' employees, and any OSHA violations did not constitute negligence per se under Tennessee law. The appellate court reviewed the case de novo and affirmed the lower court's decision. It held that Chase was not liable for Ellis's death as it neither controlled the worksite nor violated any statutory duty that would impose liability. The court's ruling emphasized that the duty to ensure safety in inherently dangerous work resides with those in control of the premises, not with the property owner hiring a contractor.

Legal Issues Addressed

Duty of Care for Independent Contractors

Application: The court concluded that Chase Communications did not owe a duty of care to Jere Ellis, as he was an employee of an independent contractor, and the danger was obvious.

Reasoning: The district court ruled that OSHA regulations did not extend the defendants' liability and that there was no private right of action under OSHA. Furthermore, based on Tennessee law, the court concluded that defendants are not liable for the death of an independent contractor's employee.

Inherently Dangerous Work and Nondelegable Duty

Application: The court found that the nondelegable duty to provide a safe workplace does not extend to employees of independent contractors engaged in inherently dangerous work.

Reasoning: Tennessee law stipulates that the nondelegable duty to protect against harm from inherently dangerous work does not apply to the independent contractor's employees.

Negligence Per Se and OSHA Violations

Application: The court determined that OSHA violations do not constitute negligence per se for independent contractors' employees in Tennessee.

Reasoning: Plaintiffs' argument fails because a violation of OSHA standards cannot serve as the basis for per se negligence under Tennessee law, as established by Section 653(b)(4) and the Minichello decision.

OSHA and Private Right of Action

Application: The court affirmed that OSHA does not create a private right of action and that violations of OSHA standards cannot serve as negligence per se in civil cases under Tennessee law.

Reasoning: The law explicitly states that OSHA does not alter civil liability standards. The plaintiffs did not show that Chase owed a duty to Ellis, as Tennessee law indicates that defendants have no duty to protect from obvious dangers.