Vosburg v. Connolly

This is an appeal from an order entered by the trial court granting summary judgment in favor of Edward Connolly and John Connolly & Sons, Inc., and against Albert Vosburg, III and Joan Vosburg (husband and wife). We affirm in part and reverse in part.

The facts which gave rise to this appeal, as alleged in the complaint and subsequent deposition may be summarized as follows. In 1980, Albert Vosburg (Appellant) was hired by-John Connolly & Sons, Inc. (Appellee) to work as a heavy equipment operator. On May 6, 1987, Appellant was directed by Appellee to excavate a piece of property at Harvey’s…