Cope Construction Co. v. Power

PAUL PRESSLER, Justice.

This is an appeal from the overruling of appellants’ plea of privilege.

On June 13, 1975, Randy Power suffered injuries when thrown from the tailgate of a moving pick-up truck. The truck was owned by appellant Cope Construction Co. (Cope), and driven by Herman Yeager (Yeager), a construction foreman employed by Cope. Yeager was driving the truck from where they had eaten lunch to the job site. Power and another employee were riding on the tailgate, and Power was thrown off and injured. Appellee filed a workers’ compensation claim with Cope’s carrier, Liberty Mutual…