Floyd Allen Jones and Norene Jones, Appellants (plaintiffs) v. Chevron U.S.A., Inc., Appellee (defendant), James…

Summary

The Wyoming Supreme Court held that a work-site owner who retains the right to direct an independent contractor's performance or assumes affirmative safety duties owes a duty of reasonable care to the contractor's employee even when the employee is injured by a hazard incidental to the very work contracted. The obvious-danger rule did not bar recovery because the energized transformers were man-made hazards, and genuine fact disputes existed over breach. The court affirmed summary judgment on the vicarious-liability claim, holding Restatement §§ 416 and 427 inapplicable when the injured plaintiff is the contractor's employee. Justice Brown, concurring in part and dissenting in part, joined by Justice Urbigkit, would have affirmed the summary judgment entirely; Justice Urbigkit separately dissented, criticizing the retained-control rule as creating near-absolute owner liability.