Cossey v. Air Systems International, Inc.

PATRICIA L. COHEN, Judge.

Introduction

Plaintiffs Joseph Cossey and Nina Robeson, as personal representative of the estate of John Robeson and next friend of Dylan Robeson and Alyssa Robeson, appeal the trial court’s grant of summary judgment to Defendant Fields Petroleum on the grounds that the independent contractor exception precludes Defendant’s liability. We reverse.

Factual and Procedural Background

Joseph Cossey and John Robeson were employees of Tank Tech, Inc., an independent contractor hired by Defendant, a bulk petroleum storage facility, to repair and reline Defendant’s 18,000 gallon…