Kuykendall v. Circle, Inc.

DOMENGEAUX, Judge.

Ernest T. Kuykendall commenced these proceedings in July of 1977, seeking damages for personal injuries he allegedly suffered in July of 1976, when he fell from a piece of heavy equipment leased by his employer. Kuykendall named as defendants, among other parties: (1) Circle, Inc. (Circle), the owner-lessor of the equipment; (2) Employers Mutual Liability Insurance of Wisconsin (Employers Mutual), Circle’s insurer; and (3) Leo Messa, Sr., an employee of Circle.

Kuykendall alleged that at the time of his injury he was in the employ of Pent-zien, Inc. (Pentzien) and that he was…