Skornia v. Highway Pavers, Inc.

This case 1 is governed by the familiar rule that the findings of a trial court will not be set aside unless they are contrary to the great weight and clear preponderance of the evidence. Two findings are of significance here: (1) That Axt neither expressly nor impliedly consented to work for a special employer — that all he did was to perform the work of Highway Pavers as it was assigned to him by Prekop; and (2) that the control over Axt exercised by Skornia was so minimal that it cannot be implied from that control that an employer-employee relationship arose.

We conclude that the trial…