MClain v. Carolina Power & Light Co.

TIMMERMAN, District Judge.

The Court has for consideration the motion of the defendant, under Rule 12 (b) (6), Fed.Rules Civ.Proc. 28 U.S.C.A., to dismiss this action and, under Rule 56, for entry of summary judgment in its favor. As to the first prong of the motion, to dismiss for “failure to state a claim upon which relief can be granted”, the facts are substantially as follows: The plaintiff was injured while employed by the Sumter Builders, Inc., an independent contractor engaged in constructing a power line for the defendant. The plaintiff was covered by the South Carolina Workmen’s…