Stevens v. Thompson

NEAL, Judge.

STATEMENT OF THE CASE

Plaintiff-appellants, Timothy Stevens (Stevens) and Cheryl Stevens (Cheryl), appeal the trial court’s granting of summary judgment for defendant-appellee, Carroll L. Thompson (Thompson), in their suit for personal injuries.

We reverse.

STATEMENT OF THE FACTS

The facts most favorable to the non-moving party are as follows. On February 21, 1985, Stevens was employed by Peabody Coal Company (Peabody) at the Hawthorne Mine, located in Sullivan County, Indiana. That on the same date Thompson, an inde pendent contractor, was employed by Peabody to dig a trench for a…