Gadley v. U.S. Sugar Co.

Balio and Boehm, JJ. (dissenting).

We respectfully dissent. The undisputed facts reveal that no EGW representative was present at the U.S. Sugar plant while its replacement workers were there; that plaintiff reported each day to an employee of U.S. Sugar, who told him where he was to work; and that an employee of U.S. Sugar directed plaintiff to work on the bag-making machine. Further, the affidavit of a fellow EGW replacement worker named Carl Funderburk, who had been instructed, trained and supervised on the use of the machine by U.S. Sugar employees, unequivocally shows that, while acting…