Auxier v. Auxier

Opinion by

Judge RULAND.

In an action to recover damages for personal injuries, plaintiff, George B. Auxier, appeals from a summary judgment dismissing his complaint against defendant, Michael Auxier d/b/a A & C Construction, a partnership. We affirm in part, reverse in part, and remand for further proceedings.

Michael Auxier was constructing a single-family residence on a residential lot owned by A & C Construction. Plaintiff and Michael had agreed that plaintiff, an experienced construction worker, would return to work for Michael, but the rate of compensation and the type of work plaintiff…