Butler County Airport contracted with Kauffman Excavating Company to prepare site work and necessary drainage for a 1000-foot runway addition to its airport. According to the terms of the contract,...


Butler County Airport contracted with Kauffman Excavating Company to prepare site work and necessary drainage for a 1000-foot runway addition to its airport. According to the terms of the contract, Butler retained the right to inspect the property and Kauffman’s work to ensure compliance with contract terms. However, Butler did not have any authority to guide Kauffman with respect to the methods and means used to do its work. Shannon Pugh, an employee of Kauffman, was killed on the job when the sides of an excavation she was working on caved in over her. Investigations later revealed that the excavation site was not properly shored up and violated minimum safety standards. Pugh’s parents and estate seek to recover from Butler County Airport. Will Pugh’s family and estate prevail? Why or why not?




May 19, 2022
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