Hubbard v. Cutts

JONES, Justice.

This appeal by Earnie Hubbard, plaintiff below, questions the correctness of the trial Court’s order granting motion for summary judgment in favor of Jerome Cutts.

The issue here presented is a narrow one. Hubbard’s complaint purports to assert a third-party claim for personal injury while employed by A-l Welding Company on May 18, 1973, under Title 26, § 312, Code, against Cutts as the employer’s chief executive officer.1

The motion for summary judgment alleges that Hubbard was injured while employed by A-l Welding Company but that he filed a claim for workmen’s compensation…