Tarron v. Bowen MacHine & Fabricating, Inc.

OPINION

BERCH, Chief Justice.

¶ 1 This ease concerns the “borrowed servant” doctrine. The issue for decision is whether a general employer is vicariously liable for the negligence of two “borrowed employees” working at the jobsite of a special employer.

I. FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 James Tarron was injured while working at a Phelps Dodge Corporation copper smelter. He fell into a gap created when two workers removed access ramps to a converter. Instead of covering the gap or installing a barrier, the workers strung yellow caution tape around the opening. Thinking that a handrail was…