Ashby v. Northwestern Public Service Co.

AMUNDSON, Justice.

Jeffrey Ashby (Ashby) appeals from trial court’s grant of summary judgment in favor of Northwestern Public Service (Northwestern). We affirm.

FACTS

Ashby was an employee of Duke’s Tree Service (Duke’s), an independent contractor which was hired to perform tree-trimming services for Northwestern. Ashby worked as part of a two-man crew with Troy Madden (Madden). Madden operated the boom and trimmed trees while Ashby remained on the ground to pick up branches. On June 30, 1983, while working in Freeman, South Dakota, Ashby sustained severe burns when a 7,200-volt power line was…