Smith v. Ortman-McCain Co.

SHANNON, Justice.

This is a summary judgment appeal.

Appellant Eugene H. Smith filed a personal injury suit for $76,000.00 against Consolidated Papers, Inc., and appellees, Ort-man-MeCain Company and Wax Refining Company. Appellees filed motions for summary judgment. The district court severed the cause of action asserted by appellant against Consolidated Papers, Inc., from those asserted against appellees and entered summary judgment that appellant take nothing from appellees. We will reverse the judgment and remand the cause for trial.

For years appellant worked as a paper cutter for Von…