Flowers v. U. S. S. Agri-Chemicals

Clark, Judge.

In this wrongful death action, plaintiff, mother of the deceased, asserts that Johnny Ralph Royal, driver of the offending vehicle, is either the employee or borrowed servant of co-defendant U. S. S. Agri-Chemicals Division of United States Steel Corporation. The fatal collision occurred after Royal, driving a truck owned by co-defendant Norman W. Peacock, had delivered a load of fertilizer to a customer of U. S. S. Agri-Chemicals and was on his way back to the latter’s plant. After extensive discovery, U. S. S. Agri-Chemicals moved for summary judgment. Its contention was that…