Hawkins v. Kane

Hannon, Judge.

Jimmy Dean Hawkins brought a negligence action against his employer, Daniel Kane, after Hawkins’ foot was impaled by a piece of farm equipment while Hawkins was in Kane’s employ. The district court granted Kane’s motion for summary judgment and dismissed Hawkins’ negligence action. Because we find there are genuine issues of material fact, we reverse.

UNDISPUTED FACTS

On September 10, 1994, Hawkins, then 31 years of age, was in the employ of Kane as a farm and ranch hand, helping Kane build a corral. When their efforts at digging postholes by hand became difficult, Kane borrowed a…