480). 8 . Scifres v. Kraft, Ky.App., 916 S.W.2d 779, 781 (1996). 9 . Ky., 457 S.W.2d 485, 488-90 (1970). 10 . Id. (quoting Wood v. Foster & Creighton Co., 191 Tenn. 478, 235 S.W.2d 1 (1950)). 11 . See also Combs v. Codell Construction Co., 244 Ky. 772, 773, 52 S.W.2d 719, 720 (1932)(stating that ‘‘[t]he defendant denied negligence and claimed immunity from liability because it was but executing its contract with the highway commission and building the roadway according to plans and specifications provided by it. The immunity does not absolve the contractor from negligence in performing his contract”). 12 . Ky., 288 S.W.2d 43, 46 (1956). 13 . Ky., 497 S.W.2d 218, 224 (1973)(quoting Restatement (Second) of Torts, § 385 (1965)). 14 . See also Adams v. Combs, Ky., 465 S.W.2d 288, 290
holding that a landowner owed no duty of care to a contractors employee in the situation posed by the parties holding that the basis of liability is negligence and not injury holding that the independent contractor exception in the ftca would not insulate the government from the contractors negligence if the duty was nondelegable under florida law holding that the citys acceptance or nonacceptance of the contractors work would have no bearing on the issue of the contractors liability since it was his primary and active negligence that created the dangerous situation and the citys negligence in failing to remedy the situation would be only secondaiy and passive holding that citys negligence in determining the legal status of plaintiffs property wasnt negligence in the operation of the storm drain that city installed on that property because citys negligence was unrelated to actual operation of storm drain