Mike Smith v. Alda Jean Found

Doyle, Judge.

*816 Jose Santiago Espinoza, also known as Jose Ornelas (hereinafter "Ornelas"), a farm employee, died when he was pinned under a tractor tire while trying to remove it. Ornelas's wife, Alda Jean Found (hereinafter, "the plaintiff"), individually and as administratrix of *817 Ornelas's estate, filed a negligence action against Mike Smith ("Mike"), who owned the farm that employed Ornelas, and John Smith, Jr. ("John"), Mike's son who owned a separate farm at the same location. The parties filed cross-motions for summary judgment, and following a hearing, the trial court entered an order:…