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SILVAS v. SPEROS CONST. CO.

No. 2 CA-CIV 3047.

122 Ariz. 333 (1979)

594 P.2d 1029

Lino SILVAS, Plaintiff/Appellant, v. SPEROS CONSTRUCTION COMPANY, an Arizona Corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 25, 1979.

Review Denied May 8, 1979.

Attorney(s) appearing for the Case

Miller, Pitt & Feldman, P.C. by Richard L. McAnally and John L. Tully, Tucson, for plaintiff/appellant.

Slutes, Browning, Zlaket & Sakrison, P.C. by William D. Browning, Tucson, for defendant/appellee.

OPINION

HOWARD, Judge.

This is a construction site accident case. Appellant was injured when he fell through a hole in the roof of a building under construction. The trial court directed a verdict in favor of the appellee, the general contractor. The propriety of the directed verdict hinges on two questions: (1) What was appellee's duty, if any, to the employees of a subcontractor? (2) Did the fact that appellant knew of the existence of holes on the roof...

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