Miller v. FMC Corporation

McQUADE, Justice.

This negligence action was commenced in the district court in January, 1969, by plaintiff-appellant Wilbur Lewis Miller against defendants-respondents FMC Corporation and Ruben L. Cooper and Gerald D. Cooper, doing business as Cooper Brothers Construction Company. The respondents moved separately for summary judgment in the following May. The district court, in July, 1969, granted both of their summary judgment motions. The court concluded that there was no issue of material fact between the parties and that FMC and Cooper Brothers were statutory employers under I.C. §…