Postell v. B&D Construction Co.

WYNN, Judge.

Facts

Plaintiff, Roy Stephen Postell (“Postell”) was injured on May 19,1988, when a sixteen penny nail penetrated his eye as he worked on the framing of a house. At the time of the accident, Postell worked for B&D Construction Corporation (“B&D”), a company owned by Bob and Doris Rhyne. Bob Rhyne (“Rhyne”) on behalf of B&D, had contracted with James Mosley (“Mosley”) to build the Mosley house on the work site.

Postell filed a claim against B&D on July 1, 1988, and against Mosley for the same injuries on August 17,1988. Neither defendant had acquired workers’ compensation insurance.…