Pfeifer v. Pfeifer

Buckley, District Judge.

Plaintiff, Glen L. Pfeifer, appeals from a summary judgment dismissing his tort action for damages.

The defendants Sylvester, Donald, and Pat Pfeifer, plaintiff’s father and two brothers, respectively, are partners doing business as Sylvester Pfeifer & Sons. They commercially operated a picker-sheller combine. Pat brought the combine to Glen’s farm to pick his corn. Shortly after the picking began, the combine broke down *370and was taken into a quonset building for attempted repairs.

Glen and Pat went onto a platform on the top of the combine. While Pat was in the process…