Carinha v. Action Crane Corp.

I agree with the opinion of Mr. Justice Lupiano, except as to that portion which would affirm the trial court’s dismissal of the complaint against the defendant, Action Crane Corporation, at the close of the case on the ground that, as a matter of law, Harrington, the crane operator, was not an employee of the defendant, Action, when the accident happened. I am of the opinion that, in view of the specific terms of the lease contract entered into between Action and S. & S. Concrete, Harrington, at the very time of the accident, was still representing Action, as he did when he went to the…