Lee v. Doe

John I. Purtle, Justice.

This is an appeal from two summary judgments which dismissed tort actions against the Carter Oil Company and the Carter Construction Company. The actions were brought by Mary Lou Lee and appellant, Larry Lee, who had received workers’ compensation benefits as an employee of Carter Oil Company. Appellants argue that there were genuine issues of facts to be determined and therefore it was error to grant the summary judgments. We agree with the appellants for the reasons set out below.

Larry Lee and his wife, Mary Lou Lee, lived in a mobile home on the Carter Oil Company…