- Associated Press - Friday, September 19, 2014

LINCOLN, Neb. (AP) - The Nebraska Supreme Court has revived a lawsuit against a general contractor over the 2008 death of a worker.

Jose Sanchez Dominguez was attaching roof panels to a Wal-Mart under construction in Omaha when one gave way. He was not wearing a required safety harness and fell 40 feet. Dominguez died at a hospital.

Dominguez’s estate sued. A Douglas County District Court judge later dismissed Wal-Mart Stores Inc. and Graham Construction Inc. from the lawsuit, saying neither retained control over the work Dominguez performed for a subcontractor.

On Friday, the state’s high court agreed that Wal-Mart could not be held liable, but said a jury should decide whether Graham Construction had knowledge that Dominguez was not using his safety harness, and could therefore be found liable for his death.

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