Becke v. Fred A. Smith Lumber Co.

The plaintiff, Daylon Milford Becke, appeals from an adverse summary judgment entered in a personal injury action which he had filed against the defendant, Fred A. Smith Lumber Company, Inc. (FASCO). The judgment determined that Becke was a “loaned employee” of the lumber company when he was injured while using a large power saw in the company’s shop, and was thus limited to his workmens compensation remedy.

In the personal injury complaint, plaintiff alleged that FASCO was negligent in failing to properly equip the power saw in its shop and in failing to instruct plaintiff in its use or to…