Storts v. Martin K. Eby Construction Co.

The opinion of the court was delivered by

Harman, C.:

This is an appeal from summary judgment denying an employee of a subcontractor the right to maintain a tort action against the general contractor for personal injury on the basis the employee’s exclusive remedy was under the workmen’s compensation act pursuant to K. S. A. 44-503 (a). The primary issue is whether a contract existed between the general contractor and the subcontractor at the time of the plaintiff’s injury.

Plaintiff Jay C. Storts, an employee of Kendall, Inc., was severely injured on June 12, 1970, when the wall of a storm…