Davis v. Lingl Corp.

Frank Holt, Justice.

This appeal results from granting summary judgment to appellees. Appellee Wheeler Brick Company contracted with appellee Lingl Corporation to construct a brick kiln on Wheeler’s premises. Lingl subcontracted with appellee F. S. Sperry Company, Inc., to construct the masonry aspect of the project. Sperry, as general contractor, in turn subcontracted the work to PrePad, Inc. Pre-Pad is not a party to this action.

At approximately 10 a.m., July 28, 1978, Pre-Pad’s employee, Richard Monreal, was found dead at the foot of a twelve foot wooden stepladder. Though no one observed…