DePratt v. Sergio

The issue presented on review is whether we should discard the borrowed servant rule in favor of the dual liability approach. We decline to discard the borrowed servant rule.

This controversy arose when plaintiff, Kenneth De-Pratt, an employee of Metal Buildings of Wisconsin, Inc., a contracting business, sustained injuries allegedly caused by the negligence of a crane operator who was employed by and operating a crane belonging to Sergio Crane Service. Plaintiff was entitled to worker’s compensation benefits from Metal Buildings and sued Sergio Crane in a tort action for damages. Sergio Crane…