Kowalski v. Shell Oil Co.

Opinion

BIRD, C. J.

Plaintiff, Thomas L. Kowalski, appeals from a judgment entered in favor of defendant, Shell Oil Company, in an action for personal injuries. Following trial, the juiy returned a verdict in favor of plaintiff but the trial court granted Shell’s motion for judgment notwithstanding the verdict. This court must decide whether there was substantial evidence to support the juiy’s finding that plaintiff was not Shell Oil Company’s special employee.

I

On May 21, 1969, the C. Norman Peterson Company (Peterson) and Shell entered into a contract whereby Peterson agreed to perform…