Theisen v. Simmons

COWART, Judge.

This case involves a sub-subcontractor’s immunity under workers’ compensation from suit for alleged negligence resulting in the death of an employee of the subcontractor contracting with such sub-subcontractor.

Vaneo, a general contractor, contracted with Suncrete to erect and finish tilt-up concrete walls. Suncrete, the subcontractor, contracted with appellee Sims Crane Service to lift the wall panels into place.1 Sims Crane Service sent a crane and an employee-operator, appellee Robert Simmons, to the job site where, it is alleged, Robert Simmons negligently operated the crane…