O'Carroll v. Roberts Industrial Contractors, Inc.

JOHNSON, Judge.

This appeal is from an order granting defendants’ summary judgment motion. The facts are as follows: William C. O’Carroll was employed in January of 1991 by Roberts Welding (Roberts’ corporate entities, hereinafter Roberts defendants) as a welder. He was later killed in an accident on the job. At that time, defendant Texasgulf had a contract with Roberts defendants for certain excavation and welding work at defendant Texasgulf’s phosphate mine in Aurora, North Carolina. Roberts defendants held itself out to defendant Texasgulf as having expertise in excavation work when it bid…