Defoor v. Evesque

The plaintiff, Frank Defoor, slipped and fell at Bessemer State Technical College ("Bessemer Tech"), while taking a hydraulics test to qualify for employment with USX Corporation ("USX"). He filed negligence claims against James Evesque, the Bessemer Tech employee who administered the test, alleging that there was spilled hydraulic fluid at the test site and that Evesque's failure to clean up the fluid had caused Defoor to slip and fall, and against USX, on the theory that Evesque was the "borrowed servant" of USX. The trial court entered a summary judgment for USX and Evesque, holding that…