A 38-year-old foreman for a chemical company sustained permanent injuries to his ankles (requiring two surgeries) when he slipped and fell on construction debris left by a construction contractor that was excavating a retention pit in the chemical company’s parking lot to catch chemical spills. As a result of his injuries, the foreman is permanently disabled from returning to work.

In the contract between the construction contractor and the chemical company, the contractor was required to keep the site absolutely free of construction debris because the chemical company operated its plant seven days per week. Relying on this provision of the contract, Edmund J. Scanlan filed suit, contending that he contractor’s failure to observe this “keep clean” provision constituted negligence. The contractor eventually conceded its responsibility for the action and settled the case before trial for $1 million.