Wilson v. Daniel International Corp.

Brailsford, Justice:

The sole issue on this appeal is whether an employee of a ready-mixed concrete supplier, who, while making a delivery of concrete on a job site, was injured by the negligence of an employee of the general contractor, may sue in tort for his injuries. The answer depends upon whether the concrete company is to be regarded as a supplier of material or as a subcontractor engaged in the execution or performance of part of the work undertaken by the contractor, within the meaning of Section 72-112, Code of 1962. If the latter, the injured employee is confined to his remedy under…