Bales v. Liberty Mutual Insurance Co.

JOY, Justice.

This is a workmen’s compensation case appealed from a summary judgment granted for the defendant in the trial court.

Plaintiff Bales contends that a material issue of fact existed as to (1) Bales “was required and it was necessary for him to use an ingress to his employer’s premises which was a hazardous risk and incidental to his work” and (2) “because he (Bales) was on a special mission”.

The facts as set forth in the record are essentially undisputed. Bales was employed by Wes-Tex Construction Company as a cement finisher. The foreman for Wes-Tex, George Jones, instructed Bales…