Benjamin v. Benjamin

VANDE WALLE, Justice.

James Benjamin appealed a summary judgment dismissing his claim against Clifford Benjamin for negligence. We affirm.

James is the son of Clifford. In 1980, James, age 48, moved on the farm with Clifford. He worked for his father and was oftentimes paid in farm goods such as cattle and feed. He also did occasional work for other farmers in the surrounding area.

On June 2, 1986, Clifford instructed James to replace the shovels on the plow with spikes. 1 When James attempted to change one of the shovels, he discovered that when Clifford had previously installed that shovel, he…