Robert J. Kane, Jr., and Beverly Kane v. J.R. Simplot Company, a Nevada Corporation

WESLEY E. BROWN, Senior District Judge.

The plaintiff-appellant, Robert J. Kane, Jr., was injured in a fall from a scaffolding platform on July 5, 1991, in Burley, Idaho. At the time of the incident, he was painting a grain silo owned by the defendant-appellee, J.R. Simplot Company, hereafter referred to as “Simplot.”

The case comes before us following the trial court’s grant of summary judgment in favor of the defendant.

The basic relevant facts do not appear to be in dispute. Simplot contracted with Bruce Boyd, an independent contractor, (hereafter referred to as Boyd) to paint the exterior of…