Abbott v. the Limited, Inc.

MOORE, Justice:

We granted a writ of certiorari in this negligence action to review the Court of Appeals’ decision finding respondent (Retailer) was petitioner Ronnie Abbott’s statutory employer and therefore immune from suit. We reverse.

FACTS

Ronnie Abbott was employed by a common carrier, Observer Transport, Inc. (Carrier). Carrier had a contract with Limited Distribution Services, Inc. (Distributor), Retailer’s agent, to deliver goods to Retailer including “inside delivery.” Abbott was injured when he slipped and fell while unloading boxes on Retailer’s premises.

Abbott received workers’…