International Leadburning Co. v. Forrister

Judge Harold R. Banke.

Plaintiff Joan S. Forrister brought this wrongful death action against International Leadburning Company as a result of an accident in which her husband, Harry C. Forrister, was crushed by a 16,000 pound lead kettle which rolled from the bed of a tractor-trailer. Defendant moved for summary judgment on the ground that it was Forrister’s statutory employer at the time of his death and, as such, is immune from suit in tort. The trial court denied defendant’s motion for summary judgment, and we granted defendant’s application for interlocutory appeal to consider the sole…