Legal Opinion

Duke v. Brown Hotel Co.

Court of Appeals of Kentucky

Decided May 26, 1972PublishedCited by 4 opinions

1Opinion of the Court

REED, Judge.

The plaintiff, Loma Duke, appeals from a summary judgment which dismissed her action for personal injuries against the defendant, Brown Hotel Company. The decisive issue in the case is whether the plaintiff should be considered an employee of the defendant at the time of her injuries and therefore confined to the remedy of a claim for workmen’s compensation benefits or considered an independent contractor and thus entitled to sue her employer at common law and recover damages if the defendant was negligent and its negligence was a legal cause of the harm. The *290circuit court decided…

2Cases cited5 opinions

  1. Schmidlkofer v. Industrial CommissionWisconsin Supreme Court · 1953
  2. Brewer v. MillichCourt of Appeals of Kentucky (pre-1976) · 1955
  3. Cove Fork Coal Co. v. NewcombCourt of Appeals of Kentucky · 1961
  4. Craddock v. Imperial Casualty & Indemnity Co.Court of Appeals of Kentucky · 1970
  5. McLaughlin v. FollendorfIndiana Court of Appeals · 1955

3Cited by4 opinions

  1. Travelers Indemnity Co. v. RekerKentucky Supreme Court · 2003
  2. M.J. Daly Co. v. VarneyKentucky Supreme Court · 1985
  3. Ricky Dixon v. Don Amburgey PlumbingKentucky Supreme Court · 2006
  4. Travelers Indemnity Co. v. RekerKentucky Supreme Court · 2003

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