United States Eighth Circuit

In a personal injury action brought by an individual injured on a job site operated by defendant-general contractor, summary judgment based on a conclusion as a matter of law that plaintiff was a loaned servant of defendant is reversed as: 1) defendant was not entitled to judgment as a matter of law that plaintiff made an implied contract for hire with defendant; 2) it was error to find as a matter of law that plaintiff was doing defendant's work; and 3) no evidence suggested defendant had the right to control the details of plaintiff's work.

Appellate Information

• Decided 12/04/2007
• Published 12/04/2007

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, BYE, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jerome B. Abrams, argued, Minneapolis, MN, Lauris A. Heyerdahl, Minneapolis, MN, Steven R. and Adam P. Rutzick, St. Paul, MN, on the brief, for Appellant.


• For Appellees:
  
• Paul E.D. Darsow, argued, Blake W. Duerre, on the brief, Minneapolis, MN, for Appellee.