Ellis v. J. A. Tobin Construction Co.

WELBORN, Commissioner.

J. A. Tobin Construction Company was the general contractor on a State Highway Commission highway construction project in Jackson County. Tobin sublet some of the asphalt work to Bowen Construction Company. Bowen engaged W & W Trucking Company to haul asphalt from its plant to the job. A W & W truck so engaged struck plaintiff-appellant, John Edward Ellis, while Ellis, an employee of Bowen, was working on the project as an asphalt raker. Ellis received Workmen’s Compensation from Bowen. He sued W & W and its driver for $150,000. When he found that W & W’s insurance…