Robert Carroll, Security Insurance Company, Intervenor-Plaintiff-Appellant v. John C. Kilroy and Exxon Corporation

In this case the only question presented is whether Exxon Corporation is the statutory employer of appellant Carroll. Carroll was injured while delivering a load of hot asphalt that had been sold by Exxon to one of its customers. He alleged that his injuries were caused by Exxon’s negligence. Exxon countered with the argument that the work being performed by Carroll was an integral part of its regular trade, business, or occupation and that therefore Exxon was his statutory employer. The district court granted summary judgment in Exxon’s favor.

We have carefully reviewed the briefs and record…