Smg Construction Services, LLC v. Cook

Summary

The Court held that Cook had actual knowledge of the unguarded ledge that caused his injury because he had personally observed that the ledge was open, lacked a guardrail, and dropped off. The Court concluded that the Court of Appeals improperly relied on constructive-knowledge principles to create a factual dispute about actual knowledge, but vacated rather than directed judgment for SMG because the remaining elements of SMG’s affirmative defenses had not been addressed. The case was remanded for further proceedings on those remaining elements.