Koch Refining Company, H & S Construction Company A/k/a H & S Construction, Inc., H & S Constructors, Inc., And…

Summary

The Texas Supreme Court reversed the Court of Appeals, holding that a premises owner who merely places a safety employee on the site does not incur a duty to an independent contractor’s employees to intervene and ensure safe performance of work. Because Koch did not retain or exercise contractual or actual control over H & S’s work, summary judgment for Koch was proper.