Coastal Marine Service of Texas, Inc. v. Lawrence
In Coastal Marine Service of Texas, Inc. v. Lawrence, 988 S.W.2d 223 (Tex. 1999), an independent contractor's employee was killed when his head was crushed in the "pinch point" area of a crane. Id. at 224.
The crane was owned by the defendant, but the contractor "took custody of the crane and began continued occupation of the defendant's property" two years before the accident. Id.
The defendant was not involved in directing or supervising the contractor's work and had no employees on the job site when the accident occurred. Id. at 225.
The Texas Supreme Court rendered judgment against the plaintiffs because there was no evidence that the defendant retained or exercised a "right to control" the subcontractor's work. Id.