Oefelein v. CFI Construction Inc.
Plaintiff Keith Oefelein sustained a right shoulder injury after tripping over an exposed plastic gas pipe at a school renovation site on September 17, 2001. He and his spouse filed a personal injury action against CFI Construction, Inc., the prime contractor, and Amerigas Propane, L.P., the gas vendor. The Supreme Court granted summary judgment to both defendants, dismissing the complaint. On appeal, the court affirmed, finding no evidence that either defendant created or exacerbated the dangerous condition. The court noted that neither defendant performed work at the site for three weeks prior to the accident, and the area was backfilled and inspected, deemed complete. The court concluded that there was no support for the claim that the area was left less safe by the defendants.