Huckstorf v. Vince L. Schneider Enterprises

The issues are: (1) Can the issue of a loaned employee be resolved by motion for summary judgment; and (2) was the crane operator a loaned or special employee of the general contractor.

The rule so often repeated it needs no citation is that if it appears there are any disputed facts material to the controlling legal issue or any permissible conflicting inferences from the undisputed facts material to the issue the matter should not be determined by summary judgment. In this case, if it is determined that Zaretzke was the loaned or special employee of Woerfel and conversely not the employee of…