Kimble v. BHM Construction Co.

Pope, Judge.

Plaintiff/appellant Richard Kimble instituted the present action against defendant/appellee BHM Construction Company, Inc. (hereinafter BHM) under a theory of respondeat superior for injuries he received while delivering materials to a construction site on which BHM was constructing a house. As alleged in plaintiff’s complaint, a saw horse thrown off the roof by one of the carpenters framing the house landed on him causing him serious injury. Defendant subsequently filed a motion for summary judgment, contending that the carpenters were independent contractors, not employees, and…