Balagna v. Shawnee County

The opinion of the court was delivered by This is an action brought by the widow and child of Dennis Balagna to recover damages for wrongful death. The decedent, Dennis Balagna, was killed when the sides of a trench caved in on him while he was working at a construction site. The defendants are: (1) The architect-engineers, Van Doren-Hazard-Stallings and their agent, Dallas W. Freeborn, hereinafter referred to as Van Doren or the Engineers; (2) the landowners — Shawnee County and Shawnee County Main and Lateral Sewer District No. 33, hereinafter referred to as the County; and (3) the independent contractor and employer of Dennis Balagna, M.W. Watson, Inc. The district court granted the separate motion of each defendant for summary judgment, and plaintiff have appealed. Most of the essential facts in the case are not in dispute and the trial court found them to be as follows: