TT&H Attorneys Lou Long & Ben Peoples Prevail in Wrongful Death Case Before Maryland’s Intermediate Appellate Court

On October 1, 2021, Maryland’s intermediate appellate court, the Court of Special Appeals, upheld a decision by the Circuit Court of Maryland for Baltimore City.  The Circuit Court’s ruling had entered summary judgment in favor of a subcontractor represented by Thomas, Thomas & Hafer, LLP (“TT&H”) attorneys, Lou Long and Ben Peoples.

The case arose out of the collapse of a trench on a construction site.  The collapse killed an employee of the prime contractor, who was working in the trench.  The worker’s estate sued the subcontractor, who was also working on the site.  The Trial Court dismissed the case after finding that TT&H’s client did not owe a tort duty to the decedent.  Maryland’s intermediate appellate court then affirmed, explaining that a subcontractor who merely knows or should know of a hazard on a construction site does not owe a tort duty to employees of other contractors on the site.  Rather, as the Court recognized, a subcontractor on a construction site only owes a tort duty to others on the site when the subcontractor creates or controls the hazard.

Thomas, Thomas & Hafer is an insurance defense firm with 85 lawyers in 12 offices throughout the Mid-Atlantic region.  Lou Long is a partner in the firm’s Pittsburgh office.  Lou’s practice focuses on appellate litigation throughout the Mid-Atlantic region.  Ben Peoples is a partner in the firm’s Washington, DC office, where he represents clients in a variety of catastrophic cases.

Questions about this case can be directed to Lou Long at (412) 926-1424 or llong@tthlaw.com.