Legal Opinion

Hjelle v. Mid-State Consultants, Inc.

Court of Appeals for the Tenth Circuit

Decided January 11, 2005No. 03-8085PublishedCited by 10 opinions

1Opinion of the Court

HARTZ, Circuit Judge.

Plaintiff Gregg Hjelle, an employee of Ayrcom Contracting, Inc., was seriously injured when a large chunk of frozen dirt struck him during the backfilling of the trench in which he was working. At the bench trial of this diversity suit, see 28 U.S.C. § 1332, he argued that Defendant Mid-State Consultants, a third-party independent contractor, is liable because it assumed control over the jobsite on the day of the injury. Mid-State responded that its role was confined to inspecting and approving the work performed and that it did not exercise control. The district court…

2Cases cited10 opinions

  1. Shirley NULF, Plaintiff-Appellant, v. INTERNATIONAL PAPER CO., a New York Corporation, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1981
  2. Reich v. Newspapers of New England, Inc.Court of Appeals for the First Circuit · 1995
  3. Jones v. Chevron U.S.A., Inc.Wyoming Supreme Court · 1986
  4. Olen F. Featherstone and Martha Featherstone v. Max BarashCourt of Appeals for the Tenth Circuit · 1965
  5. Natural Gas Processing Co. v. HullWyoming Supreme Court · 1994

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3Cited by10 opinions

  1. Rabin v. Fidelity National Property & Casualty InsuranceDistrict Court, D. Colorado · 2012
  2. Navair, Inc. v. IFR Americas, Inc.Court of Appeals for the Tenth Circuit · 2008
  3. Merit Energy Company, LLC v. Blake HorrWyoming Supreme Court · 2016
  4. Nelson v. United StatesCourt of Appeals for the Tenth Circuit · 2019
  5. Singer v. New Tech Engineering L.P.Wyoming Supreme Court · 2010

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