LaChance v. Michael Baker Corp

In LaChance v. Michael Baker Corp., 869 A.2d 1054 (Pa. Cmwlth. 2005), the court upheld the grant of summary judgment stating that LaChance did not show that the agency retained and exercised sufficient control over the work of the independent contractor to be held liable for the manner and operational details of the trenching. LaChance attempted to assert the "retained control exception", claiming that the general contractor had retained certain control over the project site and that in so doing, it failed to exercise that control reasonably. In affirming the trial court, the Court held that "mere supervision over the work of a subcontractor, up to and including the right to stop a project, is not control sufficient to impose liability." Id. at 1058.