Young v. Tennessee River Pulp and Paper Co.

MEMORANDUM OPINION

SENTER, Chief Judge.

The wife and son of the decedent brought this diversity action for damages for the death of their husband and father, which was the result of a car-truck collision. Plaintiffs claim negligence by defendant. Defendant denies liability on the grounds that the truck which was involved in the collision was owned by, and the driver thereof was an employee of, an independent contractor. On that basis, defendant has moved for summary judgment in its favor. 1

I. FACTS.

Defendant Tennessee River Pulp and Paper Company (Tennessee River) is engaged in, among other…