Smith v. Ensley

URBIGKIT, Justice.

This is a worker’s injury tort case involving summary judgment granted to the co-employees of the injured employee on alleged culpable negligence, and to the employer on constitutional and statutory-immunity bases. Appellants, employee and his wife, claiming loss of consortium, raise the issues:

“SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED AGAINST THE APPELLANTS BECAUSE THE MATERIAL FACTS CONCERNING CULPABLE NEGLIGENCE WERE AT ISSUE AND SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED FOR THE APPEL-LEES AS A MATTER OF LAW.”

We affirm.

Appellant Ron Smith was injured on the…