Kristensen v. Gerhardt F. Meyne Co.

Edward Kristensen and Fred Gorr (plaintiffs) brought an action under the Structural Work Act against R.A. Martin Co., Inc. (R.A. Martin). R.A. Martin raised as an affirmative defense that plaintiffs were general employees of R.A. Martin or, in the alternative, that they were special or loaned employees of R.A. Martin.

At the jury instructions conference, R.A. Martin requested and was granted leave to submit to the jury special interrogatories to determine the employment status of plaintiffs. In its answer to the interrogatories, the jury found that plaintiffs were not R.A. Martin employees. It…