which was started in a 55-gallon barrel inside the building. Jones brought a negligence action against Holley and Warren Ames, two of the subcontractors working on the building. At the close of all evidence, Holley filed a motion for a directed verdict, which was granted.[1]
Viewed in the light most favorable to Jones, the evidence adduced at trial was as follows: Jones hired Holley to do the foundation, flat work, excavating, plumbing, roofing, and carpentry work on the building. Jones subcontracted the drywalling work to Leman Middleton, who in turn subcontracted the drywall hanging to Warren Ames. Jones provided all of the subcontractors with their supplies, but each subcontractor provided his own workers. Because Holley was the only contractor whose work extended through the entire project, he was incharge of scheduling when the other subcontractors would perform their work. He was also in charge of the overall clean up of the construction site. However, Holley was not expected to provide heat for the other subcontractors.
Ames and his workers were to hang the drywall on November 23. On November 22 Ames and Middleton went to the job site to look things over. They saw a 55-gallon barrel inside the building with smoke coming out of it. They asked John Webb, Holley's foreman, if they were supposed to use the 55-gallon barrels to provide heat. Webb said, "yes, I guess so we been using it for three weeks."
When Ames arrived at the site the next morning he saw no other heat source, so he directed a member of