Griffin v. Wal-Mart Stores, Inc.

h STEWART, Judge.

This appeal arises from a lower court ruling granting summary judgment. Defendant, Wal-Mart Stores, Inc., moved for summary judgment, arguing that it was the statutory employer of plaintiff, Jay Griffin, thereby immunizing it from Griffin’s tort claim. Griffin countered that he worked for Gourmet Packing Company, not Wal-Mart, and had a viable tort suit pending against Wal-Mart. The trial court held that Wal-Mart was Griffin’s statutory employer, concluded that there were no genuine issues of material fact, and granted Wal-Mart’s motion. Griffin appeals.

Facts

On July 16, 1992,…