Hipp v. Sadler Materials Corp.

An employee of defendant Sadler Materials Corp. (“Sadler”), which had agreed to furnish and pour concrete at a job site, struck and injured plaintiff David R. Hipp while he was working for another subcontractor at the job site. Hipp brought this tort action against Sadler. The trial court entered summary judgment for Sadler, holding that the action was barred by the Workmen’s Compensation Act.

Sadler’s contract called for the delivery to the job site of concrete of specified strength to be poured into forms and footings where directed by the concrete finishing subcontractor. But Sadler was not…