Smith v. Martindale

Plaintiffs appeal from an April 19, 1977, order granting the summary judgment motion of R. L. White Erectors, Inc. Plaintiffs’ amended complaint claimed damages from an injury to Michael Smith caused by Don Martin-dale’s negligence in operating a crane on a con struction project. Michael Smith’s employer, Freedland Steel, was the general contractor for the project and had rented the use of a crane and operator (Don Martindale) from White. Freedland voluntarily paid workmen’s compensation benefits to plaintiff and thereafter plaintiffs commenced a third-party action against Martindale and R.…