Avila v. Northrup King Co.

OPINION

TOCI, Judge.

Edward Montiel owns a business (“EMCO”) that provides contract labor and services to farmers and agricultural growers. EMCO assigned Jesus Avila to work for Northrup King Company (“Northrup”) as a temporary employee. Avila was injured while working under Northrup’s direction and control. After receiving workers’ compensation benefits from EMCO, Avila sued Northrup for negligence. The trial court granted summary judgment for Northrup on the theory that Avila’s status as a loaned employee renders Northrup immune from suit.

There are two issues before us. First, do the…