Jonathan Kelly recently obtained summary judgment in a premises liability action in which he was defending the owners of a residential premises who had retained an independent contractor to install new flooring. The claimant was a building inspector who had mistakenly entered the premises and fallen to the basement through an opening in the first floor that had been created by the independent contractor and covered with plastic sheeting. Kelly argued that the typical non-delegable duty of care owed by homeowners was inapplicable under the circumstances because the independent contractor was in possession and control of the area where the building inspector fell, and the defendants did not control the means and methods of his work. The Court concurred and granted summary judgment to the defendants.