McConnell v. Freeman United Coal Co.

Plaintiff, Jerry McConnell, appeals from an order of the circuit court of Jefferson County granting the motion for summary judgment of defendant, Freeman United Coal Company. In this cause plaintiff raises a single issue, namely, whether the trial court erred in granting defendant’s motion for summary judgment. We reverse and remand.

The pertinent facts indicate that plaintiff was employed by Koester Contracting, Inc. (hereinafter Koester), as a scraper operator. A scraper is a large piece of equipment used to scrape dirt and carry it to another location for deposit. Koester had contracted…