Smick v. Burnup & Sims

Skyler Smick appeals a summary judgment dismissing his complaint for personal injuries against Burnup & Sims. In granting summary judgment, the court ruled as a matter of law that since Mr. Smick was an employee of Burnup & Sims, his action was barred by the workers' compensation act. The sole question on appeal is whether Mr. Smick's employee status presented a question of material fact. We reverse and remand for trial.

Mr. Smick was employed by Cox Cable T.V. as a warehouse supervisor. Burnup & Sims was hired to construct the cable network for Cox. When not busy with his own job, Mr. Smick…