Kirby Forest Industries, Inc. v. Kirkland

OPINION

J. CURTISS BROWN, Chief Justice.

This is an appeal from a judgment awarding damages in a personal injury suit. Appellee Jackie Kirkland was cutting timber on land belonging to appellant Kirby Forest Industries, Inc. when he was struck by a falling tree and rendered a paraplegic. Kirby had contracted with K & E Wood Company to cut the wood, and K & E, in turn, had employed Kirkland as a woodcutter. Kirkland sued Kirby and was awarded damages in a jury trial. On appeal Kirby challenges the jury’s findings on right of control, negligence and employee versus independent contractor status.…