Tucker v. Action Equipment & Scaffold Co.

OPINION

Appellants Joseph Tucker and Kevin Clark (collectively referred to as “Tucker and Clark”) were employed by respondent Maleo, Inc. (“Maleo”), a dry wall company, which was hired by a general contractor. Tucker and Clark were injured when the scaffolding they were working on collapsed. The company providing the scaffolding, respondent Action Equipment and Scaffold Co., Inc. (“Action”), was a licensed contractor pursuant to NRS chapter 624.

After Tucker and Clark collected industrial insurance benefits through Maleo, they sued Action. Action filed a motion to dismiss, claiming it was…