Gilleland & Son, Inc. v. Misener Marine Construction, Inc.

Birdsong, Presiding Judge.

This case arises from the shooting of the plaintiff by the night watchman at a construction site. The sole question in this appeal is whether the trial court erred in finding that the alleged tortfeasor occupied independent contractor status to the appellee while finding a question of fact as to whether he was the servant or independent contractor of the appellant.

Appellant Gilleland & Son, Inc. and appellee Misener Marine Construction, Inc. were both contractors working on a bridge-building project near Columbus. Gilleland had been at the site several months before…