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URENA v. CAPANO HOMES, INC.

No. 655, 2006.

930 A.2d 877 (2007)

Pablo Cesar URENA, Plaintiff Below, Appellant, v. CAPANO HOMES, INC., Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: July 17, 2007.

Attorney(s) appearing for the Case

I. Barry Guerke, Esquire, of Parkowski, Guerke & Swayze, P.A., Dover, Delaware; and Mark J. Lewinter, Esquire and James A. Keating, Esquire of Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C., Philadelphia, Pennsylvania, for Appellant.

David G. Culley, Esquire, of Tybout, Redfearn & Pell, Wilmington, Delaware for Appellee.

Thomas C. Crumplar, Esquire and David A. Arndt, Esquire of Jacobs & Crumplar, P.A., Wilmington, Delaware; Christopher J. Curtin, Esquire and William W. Erhart, Esquire, Co-Chairs of Delaware Trial Lawyers Association Amicus Committee, Wilmington, Delaware, Amicus Curiae.

Before STEELE, Chief Justice, BERGER and RIDGELY, Justices.

BERGER, Justice.

In this appeal, we consider the extent of a general contractor's liability for injuries sustained by an independent contractor's employee. The injured employee claims that the general contractor is liable because: 1) it undertook responsibility for implementing safety measures; and/or 2) it negligently selected the independent contractor. We hold that a general contractor who supervises job site safety conditions by making checklists, reporting

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