Ashton v. Sierrita Mining and Ranching

OPINION

KRUCKER, Judge.

This is an appeal from an order denying a motion to vacate a summary judgment. The sole issue is whether the trial court abused its discretion in denying, appellant’s motion. The pertinent facts may be summarized as follows.

On September 12, 1970, appellant Ronald Ashton, while on the payroll of Sierrita Mining and Ranching (hereinafter Sierri-ta) was injured when the truck he was driving overturned. At the time of the accident Sierrita was engaged in constructing a road for Home Stake Production Company (hereinafter Home Stake). Shortly thereafter, appellant filed a…