Missouri Court of Appeals, Eastern District / Sep 22, 2020
Joseph Zygler, Appellant, vs. Hawkins Construction, et al., Respondent.
Joseph Zygler, an employee of a flooring subcontractor, sued Hawkins Construction and Deluca Plumbing for negligence after tripping on a plumbing cleanout at a construction site. The trial court granted summary judgment for the subcontractors, applying the acceptance doctrine. On appeal, Zygler argued the acceptance doctrine was inapplicable, that factual issues remained regarding acceptance, and that he was a third-party beneficiary of the contracts. The appellate court affirmed the summary judgment, holding that the acceptance doctrine shielded the subcontractors from liability and that Zygler's third-party beneficiary claim was improperly raised and lacked merit.