McField v. Lincoln Hotel

Plaintiff appeals from a Summary Judgment granted on the motion of defendant, Lincoln Hotel. This was an action for personal injuries and the Lincoln Hotel pleaded the affirmative defense that at the time and place of the occurrence plaintiff was defendant’s employee, and that they were both operating under and bound by the Workmen’s Compensation Act. Defendant’s motion for Summary Judgment was based on the undisputed testimony of plaintiff, Valetta McField, given under oath at oral discovery deposition. The deposition had been called for and taken by plaintiff’s own counsel with defendant’s…