Archem Co. v. Austin Industrial, Inc.

OPINION ON MOTION FOR REHEARING

DUGGAN, Justice.

The motion for rehearing filed herein by appellant, Archem Company (“Archem”) is granted. Our prior opinion dated August 31, 1990, is withdrawn and the following is substituted.

This is an appeal from a summary judgment.

Appellee, Austin Industrial, Inc. (“Austin”), supplies temporary labor. Pursuant to a contract for temporary labor, Austin provided Archem with Ray Vallejo, a contract laborer. Vallejo was injured at Ar-chem while steam-cleaning transfusion hoses; he sued Archem for common-law negligence.

Archem moved for summary judgment, alleging…