Millner v. Gary Paper Mills, Inc.

This action was filed upon the single theory that the plaintiff-appellant, Clifford Millner, while working for an independent contractor, was injured as the result of the negligence of appellee, for which injury he is seeking to recover damages.

Appellee filed a first paragraph of answer thereto, putting appellant’s complaint at issue. Subsequently, appellee filed a second, third and fourth paragraphs of answer. Paragraphs two and three alleged in substance that the plaintiff (appellant), Clifford Millner, was not the real party in interest for the reason that said plaintiff (appellant) had…