Savoy v. Portserv Transportation Co.

I2DALEY, Judge.

This is an appeal by the plaintiff, from a judgment denying worker’s compensation benefits. For reasons assigned, we affirm.

FACTS:

The testimony and evidence admitted at trial established that James Johnson owned two tractor-trailer trucks which were leased exclusively to the defendant, Portserv Transportation, (hereinafter Portserv.) Mr. Johnson drove one of the trucks and employed the plaintiff, Frank Savoy, as well as others to drive the other truck.

On May 11, 1989, Mr. Savoy was riding as a passenger in a truck driven by Mr. Johnson while hauling materials for Portserv. They…