Eberle v. Dyer Construction Co.

SIMMS, Justice:

Appellee commenced an action in the District Court of Creek County, Oklahoma, to recover damages for alleged personal injuries sustained while performing labor on new construction which Dyer Construction was completing for appellee’s employer, Unit Rig, at a location in Tulsa County.

Evidence at trial indicated that immediately before appellee sustained the injury complained of, he was doing some welding inside a newly completed building, but a brisk wind blowing through an entryway interfered with the operation of his welding torch. Appellee momentarily ceased work to close the…