Fiscus v. Atlantic Richfield

THOMAS, Justice.

Our task in this case is to ascertain whether there exists any genuine issue of material fact which would prevent the entry of summary judgment against Sharon E. Fiscus and DeWayne Wuestenberg (Appellants) in their action to recover damages for injuries to Fiscus. They contend that Atlantic Richfield Company (ARCO) assumed affirmative duties with respect to safety at the Black Thunder Mine where Fiscus worked and that it owned the piece of heavy equipment (an earth-moving scraper) that Fiscus was operating when she was injured while working. Appellants insist that the record…