Owens

Plaintiff, Robert Owens (Owens), was injured in 1988 while working as a drywall installer for Elmer Elia Drywall (Elia), an independent subcontractor on a construction project for which defendant, Giannetta-Heinrich Construction Company (Giannetta), served as the general contractor. Owens filed a claim for workers’ compensation benefits and eventually received a total of $84,801.55 from Elia’s carrier, State Compensation Insurance Fund (State Fund). Owens also brought an action for damages against Giannetta alleging it had been negligent in its operation and supervision of the construction site. In its answer to the complaint, Giannetta alleged, inter alia, that Owens’s injuries were caused by his own and Elia’s negligence.

Prior to trial, State Fund filed an application for a lien against any settlement or judgment in the action in order to recover benefits it had paid to or on behalf of Owens. State Fund later assigned the lien to Giannetta’s liability carrier for $28,000.

A jury subsequently found by special verdict that Giannetta had exercised reasonable care to maintain the work site in a safe condition. However, it also found special precautions had not been taken…