Bison Builders v. ThyssenKrupp Elevator
Respondent David Travis worked for ThyssenKrupp Elevator Corporation (Thyssen) installing elevators. Thyssen was a subcontractor for appellant general contractor Bison Builders, Inc. (Bison) in the construction of a hotel. Travis was injured when he struck his head on a portion of scaffolding erected at the entrance to the worksite.
Travis sued Bison for negligence and went to trial on the theory that as general contractor, Bison had negligently exercised its retained control over the safety of his worksite. Bison tendered defense of Travis’s suit to Thyssen, citing the terms of its subcontract. Bison filed a cross-complaint against Thyssen for indemnification and defense costs when Thyssen declined the tender.
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