Swichtenberg v. Brimer

OPINION

TAYLOR, Judge.

Marvin R. Swichtenberg appeals from a judgment dismissing his negligence action against defendant Jack Brimer. The parties urge the following issues on appeal: (1) did Brimer’s statements to his worker’s compensation carrier and at his deposition that Swichtenberg was not his employee estop him from claiming immunity under A.R.S. § 23-1022(A) as Swichtenberg’s employer; (2) do genuine issues of material fact exist which would require a trial on *79the question whether Brimer was Swichtenberg’s employer; (3) did Swichtenberg waive his right to deny he was Brimer’s employee by…