Fraley v. Worthington

MEMORANDUM OPINION

KERR, District Judge.

The question for decision in this matter is whether the defendant as a tool pusher, i. e., general foreman for the employer, owed the plaintiff a duty to provide a safe place to work and whether, by his negligence, if any, the defendant breached that duty? Defendant has filed a motion for summary judgment supported by affidavits asserting that no genuine issue as to any material fact exists. Plaintiff has filed counter-affidavits in opposition to the motion.

The use of summary judgment to achieve expeditious disposition of cases is a cardinal virtue but…