Kelton v. Gulf States Steel, Inc.

Plaintiffs, Louis D. Kelton and his wife Gail Kelton, appeal from a summary judgment in favor of the defendant, Gulf States Steel, Inc.1

On October 28, 1986, Kelton, on his first day as an employee of Birmingham Industrial Painting Company ("BIPC"), was seriously injured when a section of grating in a walkway gave way under his weight, causing him to fall approximately 26 feet to the floor below. BIPC had contracted with Gulf States to furnish all labor and equipment used to replace the corrugated sheeting at the "regeneration plant."2

Gulf States' motion for summary judgment, which was…